Child Custody Non For Fathers
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FAQ
The mother retains sole custody if you have not submitted a declaration of custody. The father can then apply to the family court for joint custody. He does not need the mother's consent for it. However, the court will inform the mother about the father's application.
The mother retains sole custody if you have not submitted a declaration of custody. The father can then apply to the family court for joint custody. He does not need the mother's consent for it. However, the court will inform the mother about the father's application.
Parents have the legal obligation to supervise their children (?Aufsichtspflicht?). This includes protecting the children from harm as well as making sure they don't cause any harm to others. This doesn't mean however, that parents have to watch their children constantly.
If you are married to each other, in Germany you have joint custody of your child. All important matters are decided jointly. This remains the case even after separation or divorce. It only changes if one parent applies to the family court and there are good grounds for a different arrangement.
If the parents are married when the child is born, they automatically share custodial rights and obligations. If they are unmarried, the mother has sole custody. However, the parents can submit a declaration of custody to apply for common custody.