Joint parental custody for unmarried parents; applying for custody

If the parents are not married to each other at the time of the child’s birth, they are jointly entitled to parental responsibility under a new legal provision that took effect on May 19, 2013, provided they declare that they wish to assume parental responsibility jointly (so-called declarations of parental responsibility), if they marry each other, or if the family court grants them joint parental custody. Otherwise, the mother has parental custody.

Essentially, the following scenarios are conceivable that would lead to joint custody for unmarried parents:

• After the child’s birth, the mother and the father—who has previously acknowledged paternity—get married.
• The mother and father declare their consent to joint custody to the Youth Welfare Office. The mother and father thus have joint custody.
• If one parent does not give consent, the other parent may attempt to reach an agreement with the Youth Welfare Office. If this is unsuccessful or if the parent does not consider this approach likely to succeed, they may file a custody petition directly with the family court. The court will decide whether the mother retains sole custody or whether custody is also granted to the father.

In the latter case, therefore, family court proceedings are required.

Declaration on joint parental responsibility

(only applies to parents who are not or were not married to each other)

• We inform and advise you on the possibilities of joint parental custody and the legal consequences.
• We notarize your declarations of custody.
• We draw up a certificate if no joint declaration of custody has been made (the so-called "negative certificate").

• Identity card or passport
• Birth certificate of the child
• Certificate of acknowledgment of paternity.

§§ Section 1626a of the German Civil Code (BGB) - Parental custody of unmarried parents; declarations of custody (opens in a new tab)

If you speak little or no German, an interpreter will be required for the notarization.