Custody - Request Transfer and Withdrawal

In divorce proceedings, the court with jurisdiction over the divorce also decides on custody if one parent requests the transfer of custody. In this case, the matter is part of the divorce proceedings.

Even without divorce proceedings, a parent can apply for the transfer of custody. This is possible if the parents are not only temporarily separated.

Parents can agree on who should be given custody. In this case, the family court will usually grant the application for the transfer of custody.

However, a child over the age of 14 can object to this agreement.

In the event of disagreement between the parents, the court will examine which solution is best suited to the child's best interests. First of all, a hearing date will be set.

The parents and the child and other parties involved are heard (separately). The family court judge obtains a comprehensive overview of the child's family situation.

For this purpose, the court may also involve experts.

The results of the hearing and, if applicable, the expert's recommendation will be taken into account in the judge's decision.

Note: The court may appoint a guardian ad litem for the minor child. The latter also represents the interests of the child vis-à-vis the parents.

Young people from the age of 14 can appeal against a decision on their own.

The family court may also withdraw custody of the child ex officio. In most cases, such proceedings are initiated on the basis of suggestions or information from third parties (e.g. the Youth Welfare Office or persons close to the child).

in connection with a divorce: the district court - family court - dealing with the divorce proceedings,

otherwise: the district court - family court - in whose district the child habitually resides.

Note: In certain cases, another court may also have jurisdiction. Therefore, seek advice from a lawyer.

• The other parent agrees, or
• the transfer of custody to only one of the child's parents is in the best interests of the child.

In the event of deprivation of custody ex officio:

• On the basis of concrete indications, a serious threat to the child's well-being appears to be justified and
• the parents are unwilling or unable to avert this danger.

None

• Court
• if applicable: lawyers' fees, costs of legal assistance, costs of an expert

The family court decides on the payment of costs at its equitable discretion.

In case of need, legal aid can be applied for.

None

The processing time depends on the individual case.

• Section 1671 of the German Civil Code (BGB) (transfer of sole custody in the event of separation of parents)
• §§ 151 et seq. Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction (FamFG) (Proceedings in Matters of Childhood)
• Section 1666 of the German Civil Code (BGB) (Judicial measures in case of endangerment of the child's welfare)

Forms available: No

Written form required: Yes

Informal application possible: Yes

Personal appearance required: No

Appeal pursuant to §§ 58 et seq. FamFG against the family court decision within one month

Lower Saxony Ministry of Justice

The text was automatically translated based on the German content.