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Making declarations on joint parental responsibility for a child

  • Service description

    If you as parents are not married to each other at the time of the birth of your child, only the mother is entitled to custody. Written information can be provided about the mother's sole custody.

    The mother is not entitled to sole custody if you both declare that you wish to have joint custody, if you marry each other or if a court has made a different decision regarding custody.

    You can submit declarations of custody even if your child has not yet been born but has already been conceived. However, it is also possible and necessary to submit declarations of custody after the birth of the child if you do not wish to marry each other or seek a court settlement.

    In order to be entitled to joint custody with the mother, the man must first become the legal father of the child, for example by recognising paternity.

    A declaration of custody must be officially notarised. You can arrange this at the youth welfare office responsible for you or, for a fee, at a notary's office.

    After the submission of joint declarations of custody, parental custody can only be changed by a decision of the family court.

  • Procedure

    To make a declaration of custody, you must make an appointment in person at the youth welfare office or at a notary's office:

    • If he is not yet the legal father of the child, the man must first effectively recognise paternity for the child.
    • Both parents must appear in person.
    • At the appointment, you will be informed about the legal consequences of the declaration of custody. The declarations of custody will be read out to you and signed by both parents.
    • Both parents receive notarised copies of their custody declarations.

  • Prerequisites

    • The parents are not married to each other at the time of the child's birth. This also applies if the parents were married to each other but the marriage is legally divorced at the time of the child's birth.
    • The man who wishes to assume joint custody with the mother is the legal father of the child (through effective recognition of paternity or establishment of paternity by the family court).
    • The child does not have to be born yet, but it must already be conceived.
    • The child is still a minor.
    • A court decision on parental custody has not yet been made.
    • The parents appear in person.
    • If one or both parents are under the age of 18 and have limited legal capacity:
      • A parent with limited legal capacity makes the declaration of custody themselves. His or her legal representative agrees to the declaration of custody.
      • Under certain circumstances, the family court can replace the consent of the legal representative.
    • Both parents speak sufficient German. If this is not the case:
      • Youth Welfare Office: If you need an interpreter, please bring a suitable person with you.
      • Notary's office: If you require an interpreter, you must bring an interpreter with you to the appointment. This person must have a valid identity document and must not be related to the child's parents by blood or marriage.

  • Which documents are required?

    • Parents' identity card or passport
    • Certificate of acknowledgement of paternity or the family court order establishing the man as the legal father
    • Birth certificates of the child (if possible) and the parents

  • What fees are incurred?

    Advance payment: No
    Notarisation by the Youth Welfare Office is free of charge.

    Advance payment: No
    The notarisation of the declaration of custody by a notary generally costs EUR 60.00 plus expenses, totalling approximately up to EUR 90.00. There are also any costs for the interpreter.

  • What deadlines do I have to observe?

    There is no deadline. However, the child must still be a minor at the time the declaration of custody is submitted.

  • Processing time

    The joint declaration of custody is notarised immediately at the appointment.

  • Legal basis

  • Legal remedy

    No legal remedy is provided for.

  • Further information

  • Short text

    • Parents who are not married to each other at the time of the birth of their child can declare that they wish to take joint custody of their child
      • Effective declarations of custody presuppose that both declarants are the legal parents of the child concerned
    • Declarations of custody can be made both before and after the birth of the child
      • the child must already be conceived
      • the child must be a minor
    • Notarisation takes place at the youth welfare office or notary's office
    • Personal appointment necessary
    • Both declarations of custody must be publicly notarised
    • Subsequent modification of joint parental custody only possible by court decision

  • Author

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