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Prerequisites

• If guardianship is to be established for a child who is placed in a foster family, guardianship can also be transferred to the foster parents.
• Such an arrangement is particularly appropriate if the child is well integrated into his or her foster family and it is foreseeable that he or she will be cared for there in the long term.
• The prerequisite is that the foster parents are suitable to assume guardianship based on their financial situation and other circumstances.
• To be a guardian, you must be of legal age and have legal capacity.
• Relatives of the foster child are usually given priority.

Documents required

No specific documents are required.
If a corresponding suggestion is received by the responsible court, it will usually obtain a statement from the local youth welfare office and check whether all the requirements for taking on guardianship are met and what alternatives exist. Ultimately, the specific course of the procedure depends on the court's decision.

Please note

Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

Deadlines do not need to be observed.

Procedure

• The transfer of guardianship of a child to its foster parents can be initiated by the foster parents themselves, by a youth welfare office, or by other persons, such as the child's parents.
• If you would like to take on this guardianship, we recommend that you discuss the matter with the responsible youth welfare office. It is easier if the youth welfare office has already submitted a positive suggestion to the court.
• Otherwise, the opinion of the Youth Welfare Office must be obtained during the procedure.
• The court decides on a case-by-case basis what information it considers necessary and which persons should be involved.
• At the court hearing, you will be required to carry out your duties conscientiously.
• When deciding on a change in custody, the following parties must be heard:
  • the Youth Welfare Office
  • the biological parents
  • the child if he or she is older than 14 years
  • the foster parents
• The court will decide on your application, taking into account the child's best interests, and appoint you as guardian.

Processing time

The duration of the procedure depends on the individual case.

Fees

The costs of conducting the guardianship proceedings at the family court are borne by the child. Fees are only charged if the ward is wealthy. This currently means that assets of more than EUR 25,000 are available after deducting liabilities. If the parties consider legal representation to be necessary, the costs of this representation must be borne by the parties themselves. If necessary, it is possible to apply for legal aid in the proceedings.

Legal remedies

Since this is not a benefit that requires an application, the person making the suggestion is generally not entitled to legal recourse if their suggestion is not taken into account.


The child and the youth welfare office have legal options to object to the establishment of guardianship.


Depending on the specific case, other persons may be entitled to appeal.

Legal basis