Declaring joint custody of a child

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 if 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 notarized. Paternity must first be acknowledged.

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 publicly notarized. You can arrange this with the youth welfare office responsible for you or, for a fee, with a notary.

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

• §Section 1626a of the German Civil Code (BGB)
• §Section 1626 b of the German Civil Code (BGB)
• §Section 1626 c of the German Civil Code (BGB)
• § Section 1626d (1) of the German Civil Code (BGB)
• § Section 59 Social Code Book Eight (SGB VIII)

• 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 acknowledgment of paternity

• 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 must have a valid identity document and must not be related to the child's parents by blood or marriage.
     

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 this has not yet been done, the father must first effectively acknowledge 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.
   

• Information on custody on the "Family Portal" website of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
• Information on custody on the website of the Federal Ministry of Justice (BMJ)

There are no indications or special features.

We would like to take enough time for your request. Please make an appointment for a consultation or notarization in advance by phone or email.