¼«ËÙʱʱ²Ê

Hamburg.com IASON page

transfer or revoke custody

Custody of a child may be held by one parent alone or by both parents jointly.
Upon application, the family court may order joint parental custody or, if joint parental custody already exists, transfer it or part of it to one parent.

  •  

Detailed description

Joint custody:
Married parents have joint parental responsibility for the child from birth.
If the parents are not married to each other, only the mother initially has custody. However, the parents can submit a joint custody declaration to the youth welfare office, whereby both parents receive joint custody.
If one parent does not give their consent, the other parent can try to reach an agreement with the youth welfare office. If this does not work or they do not believe this approach will be successful, they can submit a custody application directly to the family court. The court will decide whether the mother will retain sole custody or whether custody will also be transferred to the father.
If parents marry after the birth of the child and the father has previously acknowledged his paternity, the parents have joint custody.

 transmission
After the parents separate, joint custody generally remains. This is because the law assumes that joint custody is the best solution for the child in most cases.
Upon application, the family court may transfer parental responsibility or part of it (for example, right to determine place of residence, health care, school matters) to one parent if this is in the best interests of the child or if all parties agree on this.
In the case of unmarried parents, the father who does not have custody can apply for joint parental custody with the other parent if this does not conflict with the child's best interests. However, this requires family court proceedings.

 Advice
Before submitting an application, however, parents should take advantage of the appropriate counseling services offered by the youth welfare office responsible for the child's place of residence. Given the importance of the decision for the family, it is also advisable to seek advice from a lawyer.

 

Information

Prerequisites

welfare of the child

  • For the transfer of custody, the other parent must consent.
  • transferring custody of the child to only one parent is in the best interests of the child.
  • In case of withdrawal of custody ex officio:
    • Based on concrete evidence, a serious threat to the child’s well-being appears to be justified and
    • the parents are unwilling or unable to avert this danger

Documents required

  • Informal application for transfer of sole custody
  • If a decision on parental custody is required during the pending divorce proceedings between married parents, only a lawyer can file the custody application in the divorce proceedings. In this case, there is no possibility of submitting an informal application yourself.
  • Exact data of parents and child
  • When submitting the application, the following information must be provided for parents and child:
    • addresses
    • birth dates
    • nationalities
    • child's birth certificate
    • Other documents/documents

If available, you should attach the following documents to your application:

  • recognition of paternity
  • joint custody declaration
  • marriage certificate
  • divorce decree
  • previous court custody decisions
  • description of the facts
  • Who currently has parental responsibility?
  • What problems have occurred in the past or are expected in the future?

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

No

Procedure

The family court procedure has some special features and takes place in a graduated procedure. In certain cases, a written and very simplified procedure may be considered. Regarding the details, it is recommended that you seek advice from the youth welfare office and, if further necessary, from a lawyer.

In a divorce proceeding, the court responsible for the divorce will also decide on custody if one parent requests sole custody. In this case, the matter is part of the divorce proceedings.

Even without divorce proceedings, a parent can apply to have custody transferred to him or herself alone. This is possible if the parents are not only living apart temporarily.

The family court can also revoke custody of its own motion. Such proceedings are usually initiated based on suggestions or information from third parties, such as the youth welfare office or people close to the child.

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

However, a child over 14 years of age may object to this agreement.

If the parents disagree, the court will examine which solution is best for the child's welfare. First, a hearing date is set.

The parents and the child as well as other parties involved are heard. The family judge obtains a comprehensive overview of the child's family situation. The court can also involve experts for this purpose. The results of the hearing and, if applicable, the expert's recommendation are taken into account in the judge's decision.

Processing time

Depending on the complexity of the procedure

Fees

Court fees and, if applicable, attorney fees will be charged, depending on the value of the proceedings.


In addition, there are expenses incurred by the court for possible deliveries, interpreters, legal advisors, and experts. It is possible to apply for legal aid. However, this depends on income.

Legal remedies

Complaint

Legal basis






Links on ¼«ËÙʱʱ²Ê

Find out your responsible facility

Angaben zur Zuständigkeit
Bitte geben Sie hier die Meldeadresse mit Straße und Hausnummer an

Haven't found the right one yet?

To Hamburg Service startpage

Keywords: joint custody sole custody custody of child Apply for sole custody Apply for joint custody

Last updated: 27.04.2025