Explaining common care for a child
If you, as the parents of a child together, are not married to each other at the time of his birth, only the mother has custody. Written information can be provided about the sole care of the mother, the so-called negative certificate.
If you want to have joint custody, both parents must have this declared to the Youth Welfare Office or a notary and notarized.
You can also make the declaration of custody if your child has not yet been born but has already been conceived. However, this is still possible and necessary after the birth if you do not want to marry each other and do not want to seek a court settlement.
A declaration of custody must be publicly notarized. You can arrange this at the youth welfare office responsible for you or for a fee at a notary.
After the submission of concurring declarations of custody, parental authority can only be changed by a decision of the family court.
For the declaration of custody, you must make a personal appointment with the Youth Welfare Office or in a notary's office:
- If not already done, the father must first effectively acknowledge paternity.
- Both parents must appear in person
- In the appointment you will be informed about the legal consequences of the custody declarations. This will then be read to you and signed by both parents.
- Both parents receive certified copies of the document.
- The parents are not married to each other.
- There is legal paternity (through effective recognition or judicial determination)
- The child does not need to be born yet, but it must be conceived.
- A court decision on parental care has not yet been made.
- Parents must appear in person.
- In principle, the parents must have legal capacity. The declaration of custody by a parent with limited legal capacity requires the consent of his or her legal representative.
- Both parents speak sufficiently German. If this is not the case:
- Youth Welfare Office: If you need an interpreter, please let us know the desired language when making an appointment.
- Notary: If you need an interpreter, you must bring an interpreter to the appointment. This person needs a valid identity document and must not be related or in-laws to the child's parents.
Which documents are required?
- Identity card or passport of the parents
- In the case of a postnatal declaration: birth certificate of the child in which the father is registered
- In the case of a prenatal declaration: maternity passport and certificate of recognition of paternity or court order establishing paternity
What are the fees?
Contribution: 0,00 - 80,00 EURPayment in advance: NoYouth Welfare Office: There are no costs. Notary: approx. EUR 80,00; In addition, there are any costs for interpreters or translators.
Fee: free of chargePayment in advance: No
Fee: 80,00 EURPayment in advance: No
What deadlines do I have to pay attention to?
The child must still be a minor at the time the declarations of custody are submitted.
The notarization takes place immediately at the appointment.
Applications / forms
Forms available: No
Written form required: Yes
Informal application possible: No
Personal appearance required: Yes
Online services available: No
What else should I know?
There are no hints or special features.
The text was automatically translated based on the German content.
Technically approved by
Lower Saxony Ministry of Justice