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Prerequisites

A supplementary guardian is appointed if the child is under parental care or guardianship, but the parents or guardian are prevented from taking care of certain matters for factual or legal reasons. This is the case, for example, if only part of the parental care is suspended or withdrawn.

This may be the case, among other things, if

• parents with custody point out that they are overwhelmed by a situation,
• an authority indicates that guardianship appears necessary,
• it is determined in court proceedings that guardianship must be established.

If a foster child is integrated into his or her foster family and will remain there permanently, the foster parents can also be appointed as carers and thus receive part of the custody.
When making its decision, the family court will pay particular attention to whether you are suitable to take on the role of guardianship based on your personal circumstances, your financial situation and other circumstances.
Guardianship can only be transferred to you if you are of legal age and have legal capacity.
If several people apply for foster care and there are relatives of the foster child among them, they are usually given priority.

Documents required

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.
Affordable legal advice for people with low incomes is provided by the Public Legal Advice (ÖRA).

Deadlines

There are no deadlines to be observed.

Procedure

• The transfer of supplementary guardianship for a child to its foster parents can be initiated by the foster parents themselves, by a youth welfare office, but also by other persons, for example the child's parents.
• If you would like to take on this additional 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.
• As a rule, you will be required to conscientiously carry out your duties during your court hearing.
• When deciding on a change in custody, the following parties must be heard:
  • the youth welfare office
  • the biological parents (if they still have custody)
  • the child if he or she is older than 14 years
  • (Basically, the older the child, the more important his or her opinion is.)
  • the foster parents
• The court will decide on your application, taking into account the child's best interests, and appoint you as additional guardian.

Processing time

The duration of the procedure depends on the individual case.

Fees

There are no fees.


If the parties consider legal representation to be necessary, the costs of this representation must of course be borne. If necessary, it is possible to make use of legal aid or legal costs aid.

Legal remedies

Complaint

Legal basis

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