Family matters – Transfer of custody

Married parents have joint parental custody (elterliche Sorge) of the child from birth. For unmarried parents, initially only the mother has custody. However, the parents can make a joint declaration of custody (Sorgeerklärung) before the Jugendamt (youth welfare office), through which both parents obtain joint custody. Even after the parents separate, joint custody generally remains in place. This is because the legislator assumes that joint custody is, in most cases, the best solution for the child. On application, however, the Familiengericht (family court) can transfer parental custody, or part of it (e.g. the right to determine residence, health care, school matters, etc.), to one parent, if this best serves the welfare of the child or if all parties involved agree. Transfer For unmarried parents, the father who does not have custody can apply for the transfer of joint parental custody, if this does not conflict with the welfare of the child. Note Before submitting the application, however, parents should make use of the relevant counselling services offered by the Jugendamt (youth welfare office) responsible for the child's place of residence. Given the significance of this decision for the family, consultation with a lawyer is also recommended.