What are the requirements for custody?
July 20, 2024 | 40,00 EUR | answered by Oliver Breitwieser
Dear Lawyer,
My name is Luisa Fuchs and I have a question regarding custody. I am currently in a difficult situation as my ex-partner, and the father of my two children has applied for sole custody. I am concerned that I may not see my children as often and would like to know what requirements need to be met in order for me to retain custody.
Background: My ex-partner and I separated a year ago and currently share custody of our two children. I am a caring mother and take loving care of my children, however, there are conflicts between my ex-partner and me that make it difficult to make joint decisions.
The current situation is that my ex-partner has applied for sole custody and I am afraid that he may succeed. However, I still want to actively participate in the upbringing of my children and see them regularly.
My biggest concern is that I may see my children less often and may not be involved in important decisions if my ex-partner is granted sole custody.
Therefore, my question to you is: What requirements need to be met in order for me to retain custody? Are there any ways to prevent my ex-partner from gaining sole custody and continue to make joint decisions for my children?
Thank you in advance for your help.
Best regards,
Luisa Fuchs
Dear Ms. Fuchs,
Thank you for your inquiry regarding custody. It is understandable that you are concerned about losing sole custody of your children. In Germany, the principle of joint parental custody generally applies, even after a separation or divorce. This means that both parents usually retain joint custody of their children, unless there is a compelling reason to the contrary.
In order to maintain custody, as a mother you must demonstrate that it is in the best interest of the children to continue exercising joint custody. This means you must prove that you have a reliable and loving relationship with your children, actively participate in their upbringing, and are capable of making important decisions for the children together with your ex-partner. It is important that you can show that you always have the children's well-being in mind and take their needs seriously.
If your ex-partner has applied for sole custody, the family court will assess whether this is in the best interest of the children. As a mother, you have the right to oppose the application and present your reasons for doing so. It is advisable to seek legal support in a timely manner to represent your interests in court.
There are various ways to prevent your ex-partner from obtaining sole custody. This includes reaching an agreement on joint custody through mediation or engaging in a legal dispute where you can present your arguments for joint custody.
In any case, it is important that you address the issue of custody early on to protect your rights as a mother. I am available for further questions and detailed advice.
Best regards,
Oliver Breitwieser
Family Law Attorney
