The colloquial term ‘custody’ is generally used today for the legal term ‘parental care’. Custody regulates all
important matters and decisions that parents have to make for their child. This includes, for example, the choice
of a name for the child, the choice of a school or nursery, religious upbringing or decisions regarding medical
interventions. The economic interests of the child are also closely intertwined with custody.
Of course, the areas of access rights and rights of residence are also of particular legal importance, as this is
where problems and conflicts usually arise when parents or guardians argue over the custody of children.
Custody disputes usually have a long history. In practice, these proceedings are correspondingly emotional and conflict-laden. An experienced custody lawyer should, above all, reintroduce a factual level at which all parties involved can meet and determine their next steps in the best interests of the child.
As a lawyer specialising in family law, I will help you to assert your claims and rights regarding custody and access rights. Together with your partner, former partner or public authorities, we try to resolve conflicts and find a sensible and viable solution for all parties on behalf of the child.
Contact us for legal advice/initial consultation - in person, phone, video call.
Every child has a right to contact with their parents, even if one parent does not have custody. Especially in the case of divorce, this principle, which is based on the best interests of the child, is often disregarded and used by parents as a means of exerting pressure or even as a punishment against the former partner. Due to the fact that the situation is often already conflict-ridden, the only thing that can usually help here is to go to a lawyer and obtain a court decision.
As a rule, both parents have rights of residence, even after a separation or divorce. If sole right of residence is applied for after a separation, this is still primarily awarded to the mother. The greatest potential for conflict here is child abduction by the parent who does not have the right of residence. Today, these are often even cases that cross borders. As not only family law but also criminal law is involved here, an experienced lawyer should always be called in.
Married parents always have joint custody. If the parents are not married and there is no declaration of custody,
the mother has sole custody. Non-custodial parents can obtain custody with a notarised declaration of custody.
Only recently have fathers been able to apply for this without the explicit consent of the mother.
If both parents die, the family court usually appoints a guardian to whom custody is transferred.
Even after a separation, both custodians are usually entitled to joint custody. In practice, however, conflicts and violations of custody often occur.
There are high hurdles to losing custody in Germany. A serious threat to the child's welfare is required to justify the withdrawal of custody. In addition to physical violence against the child, in practice this is primarily a risk to the child's development due to the parents' educational deficits.
Expertise is not about holding titles - it is about constant, professionally correct, practical work over many years.
Every case is different - as a lawyer, every case requires its own individual approach in order to do justice to the subject matter and the client.
Legal standards alone do not solve cases - efficient communication between lawyer and client, but also with the opposing party, ensures real results.
Serving various areas of law with specialised lawyers to represent personal and economic interests.
We stand for personal advice, constant availability and professional expertise in child custody in Munich.
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