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Applying for sole custody: requirements

After a separation, joint custody usually remains in place. Only if it best serves the child's welfare does the family court transfer sole custody to one parent. What always matters is the welfare of the child, not the parents' dispute.

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One parent can apply to be granted parental custody in whole or in part alone. The court then decides whether this best serves the child's welfare (§ 1671 BGB).
The mere wish to separate custody is not enough. The court grants sole custody above all when the parents can no longer cooperate or when there are dangers to the child.

What you should do now

  1. 1

    1. Clarify the reason

    Check whether there are objective grounds for the transfer (e.g. lack of ability to cooperate, endangerment).

  2. 2

    2. File the application

    File the application for transfer of sole custody with the family court.

  3. 3

    3. Show the child's best interests

    Set out why the transfer serves the welfare of the child.

  4. 4

    4. Support the proceedings

    Expect a hearing, the youth welfare office, and possibly a guardian ad litem for the child.

How to spot the scam

  • The application relies only on conflicts between the parents.
  • The child's welfare is not placed at the center.
  • Important evidence of endangerment is missing.

Frequently asked questions

When do I get sole custody?

When the family court is convinced that sole custody best serves the child's welfare (§ 1671 BGB), for instance because the parents can no longer cooperate on custody matters or because endangerment is threatened. The mere wish to separate is not enough.

How do the proceedings work?

After the application, the court hears both parents and often the child, involves the youth welfare office, and appoints a guardian ad litem if needed. The focus is always on the welfare of the child, not the parents' dispute.

What about contact rights?

Sole custody does not change the fact that the child should generally have contact with both parents. Custody and contact rights must be distinguished: even without custody, the right of contact generally remains in place.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.