Declaring joint custody of a child
If you as parents are not married to each other at the time of the birth of your child, only the mother is entitled to custody. Written information can be provided about the mother's sole custody.
The mother is not entitled to sole custody if you each declare that you wish to have joint custody, if you marry each other or if a court has made a different decision regarding custody.
You can make declarations of custody even if your child has not yet been born but has already been conceived. However, it is also possible and necessary to submit declarations of custody after the birth of the child if you do not want to marry each other and do not want to seek a court ruling.
In order to be entitled to joint custody with the mother, the man must first become the legal father of the child, for example by acknowledging paternity.
A declaration of custody must be publicly notarized. You can arrange this at your local youth welfare office or, for a fee, at a notary's office.
Once a declaration of custody has been made, parental custody can only be changed by a decision of the family court.
Who should I contact?
responsible: Youth welfare office or notary public
Responsible authorities
Landkreis Emsland - Fachbereich Jugend
Mo. - Do. 08:30 - 12:30 Uhr u. 14:30 - 16:00 Uhr
Fr. 08:30 - 12:30 Uhr
Contact
- Dörpen (Samtgemeinde):
- Emsbüren (Einheitsgemeinde):
- Emsland (Landkreis):
- Freren (Samtgemeinde):
- Geeste (Einheitsgemeinde):
- Haren (Ems) (Einheitsgemeinde):
- Haselünne (Einheitsgemeinde):
- Herzlake (Samtgemeinde):
- Lathen (Samtgemeinde):
- Lengerich (Samtgemeinde):
- Meppen (Einheitsgemeinde):
- Nordhümmling (Samtgemeinde):
- Papenburg (Einheitsgemeinde):
- Rhede (Ems) (Einheitsgemeinde):
- Salzbergen (Einheitsgemeinde):
- Sögel (Samtgemeinde):
- Spelle (Samtgemeinde):
- Twist (Einheitsgemeinde):
- Werlte (Samtgemeinde):
- Dörpen (Samtgemeinde):
- Emsbüren (Einheitsgemeinde):
- Emsland (Landkreis):
- Freren (Samtgemeinde):
- Geeste (Einheitsgemeinde):
- Haren (Ems) (Einheitsgemeinde):
- Haselünne (Einheitsgemeinde):
- Herzlake (Samtgemeinde):
- Lathen (Samtgemeinde):
- Lengerich (Samtgemeinde):
- Meppen (Einheitsgemeinde):
- Nordhümmling (Samtgemeinde):
- Papenburg (Einheitsgemeinde):
- Rhede (Ems) (Einheitsgemeinde):
- Salzbergen (Einheitsgemeinde):
- Sögel (Samtgemeinde):
- Spelle (Samtgemeinde):
- Twist (Einheitsgemeinde):
- Werlte (Samtgemeinde):
Requirements
- The parents are not married to each other at the time of the child's birth. This also applies if the parents were married to each other but the marriage is legally divorced at the time of the child's birth.
- The man who wishes to assume joint custody with the mother is the legal father of the child (through effective recognition of paternity or establishment of paternity by the family court).
- The child does not have to be born yet, but it must already be conceived.
- The child is still a minor.
- A court decision on parental custody has not yet been made.
- The parents appear in person.
- If one or both parents are under the age of 18 and have limited legal capacity:
- A parent with limited legal capacity makes the declaration of custody themselves. His or her legal representative agrees to the declaration of custody.
- Under certain circumstances, the family court can replace the consent of the legal representative.
- Both parents speak sufficient German. If this is not the case:
- Youth welfare office: If you need an interpreter, please bring a suitable person with you.
- Notary's office: If you require an interpreter, you must bring an interpreter with you to the appointment. This person must have a valid identity document and must not be related to the child's parents by blood or marriage.
Which documents are required?
- Identity card or passport of the parents
- Certificate of acknowledgment of paternity or the family court decision establishing the man as the legal father
- Birth certificates of the child (if possible) and the parents
What are the fees?
Contribution: free of chargeNotarization by the Youth Welfare Office is free of charge. There are also any costs for the interpreter.
Contribution: 80,00 - 90,00 EURPayment in advance: noThe notarization of the declaration of custody by a notary usually costs EUR 70.00 plus VAT and writing expenses, in total around EUR 80.00. There are also any costs for the interpreter.
Fee: free of charge
Fee: 80,00 EURPayment in advance: noNotar, zzgl. Auslagen
Process flow
To make a declaration of custody, you must make an appointment in person at the youth welfare office or at a notary's office:
- If he is not yet the legal father of the child, the man must first effectively acknowledge paternity for the child.
- Both parents must appear in person.
- At the appointment, you will be informed about the legal consequences of the declaration of custody. The declarations of custody will be read out to you and signed by both parents.
- Both parents will receive certified copies of their declarations of custody.
What deadlines do I have to pay attention to?
There is no deadline. However, the child must still be a minor at the time the declaration of custody is submitted.
Processing duration
The joint declaration of custody is notarized immediately at the appointment.
Appeal
No legal remedy is provided for.
