Declare joint custody of a child
Service description
If you as parents of a child are not married to each other at the time of birth, only the mother is entitled to custody. This does not apply if you as parents have made a joint declaration of custody or a different court decision has been made regarding custody.
Written information can be provided about the sole care of the mother.
If you would like to have joint custody, both parents must declare this to the youth welfare office or a notary and have it notarised. Paternity must first be recognised.
You can make a declaration of custody even if your child has not yet been born but has already been conceived. However, this is still possible and necessary after the birth if you do not wish to marry each other and do not wish to seek a court settlement.
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 concordant declarations of custody, parental custody can only be changed by a decision of the family court.
Procedure
For the declaration of custody, you must make an appointment in person at the youth welfare office or at a notary's office:
- If this has not yet been done, the father must first effectively recognise paternity.
- Both parents must appear in person.
- At the appointment, you will be informed about the legal consequences of the declaration of custody. This will be read out to you and must be signed by both parents.
- Both parents receive certified copies of the certificate.
Prerequisites
- The parents are not married to each other.
- Legal paternity exists (through effective recognition or judicial determination).
- The child does not have to be born yet, but it must be conceived.
- The child must still be a minor.
- A court decision on parental custody has not yet been made.
- Parents must appear in person.
- In principle, the parents must have legal capacity, i.e. be of legal age. The declaration of custody of a parent with limited legal capacity requires the consent of their legal representative.
- Both parents speak sufficient German. If this is not the case:
- Youth Welfare Office: If you need an interpreter, please let us know the language you require when you make your appointment.
- Notary's office: If you require an interpreter, you must bring an interpreter with you to the appointment. This person needs 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
- In the case of a postnatal declaration: the child's birth certificate in which the father is registered
- In the case of a prenatal declaration: maternity passport and certificate of paternity acknowledgement
What fees are incurred?
Advance payment: NoNotarisation by the Youth Welfare Office is free of charge. There are also any costs for the interpreter.Advance payment: NoThe notarisation of the declaration of custody by a notary generally costs EUR 70.00 plus VAT and writing expenses, totalling around EUR 80.00. There are also any costs for the interpreter.What deadlines do I have to observe?
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.
What else should I know?
There are no indications or special features.
Further information
Short text
- Declaration of custody notarisation
- Parents who are not married to each other at the time of the birth of their child can declare joint custody of their child
- a joint declaration of custody requires the recognition of paternity
- the joint declaration of custody can be made both before and after the birth
- the child must already be conceived
- the child must be a minor
- Personal appointment necessary
- Declaration of custody must be publicly notarised
- Subsequent modification of joint parental custody only possible by court decision
- Declarations by the parents can be submitted to the offices responsible for notarising declarations of intent
- responsible: Youth welfare office or notary public
Author
Forwarding service: Deep link to the original portal- Declaration of custody (custody certificate) in Saxony-Anhalt
Display of performance in the source portal
- Declaration of custody (custody certificate) in Saxony-Anhalt
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