How can I secure custody of my children after the divorce?
June 26, 2022 | 40,00 EUR | answered by Alexander Hartmann
Dear lawyer,
I am Heike Melzer and I am about to go through a divorce. My husband and I have two children aged 4 and 7. I am very concerned about the custody of my children after the divorce and want to ensure that I continue to be significantly involved in their decisions.
The current situation is that my husband and I would like to divorce amicably, but we have not yet made any specific arrangements regarding custody. My husband has already expressed the desire for the children to primarily live with him, as he is more flexible professionally and believes he can take better care of them.
I am very worried that I may lose custody after the divorce or only have limited influence on decisions regarding my children. However, it is very important to me that I continue to be involved in important decisions such as their education, medical treatments, and leisure activities.
Therefore, I would like to ask how I can secure custody of my children after the divorce. Are there ways to formalize this in a contract or resolve it in court? What rights do I have as a mother regarding custody and how can I best represent my interests?
I thank you in advance for your support and advice.
Sincerely,
Heike Melzer
Dear Mrs. Melzer,
Thank you for your inquiry regarding custody of your children after the divorce. It is understandable that you are concerned about the future of your children and your own right to be involved in important decisions. I would like to assist you in this difficult situation and provide you with some information and tips on how to secure custody of your children.
First of all, it is important to know that custody is generally shared by both parents, even after the divorce. This means that even after separation, you still have the right to be involved in important decisions regarding your children. This includes areas such as education, medical treatments, religious affiliation, and leisure activities.
In your case, since you and your husband are seeking a mutual divorce, it would be advisable to come to an agreement on custody in advance. This can be done in the form of a custody and visitation agreement, in which you jointly decide how custody should be arranged after the divorce. For example, you can agree to maintain joint custody and make important decisions together.
However, if you are unable to reach an agreement with your husband, as the mother you have the same rights as your husband in terms of custody. This means that you can apply for sole custody in court if it is in the best interest of your children. The court will decide what is best for the child's welfare and whether joint custody should continue.
It is advisable to seek legal advice from a specialist in family law early on to represent your interests effectively. The lawyer can help you find a mutually acceptable solution with your husband or, if necessary, advocate for your rights in court.
I hope this information is helpful to you and I am available for any further questions you may have. I wish you all the best for your divorce and the future of your children.
Sincerely,
Alexander Hartmann
Attorney at Law
