Skip to content
Emergency

The youth welfare office and custody withdrawal: your rights as parents

Withdrawal of custody is the most serious interference in the parent-child relationship and is permissible only under very narrow conditions. The youth welfare office can intervene, but the family court decides on the withdrawal. Milder means (conditions, support) take precedence.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Check your right to a lawyer →

Your chances of getting your money back

Custody may only be withdrawn if the child's welfare is endangered and the parents will not or cannot avert the danger, and milder measures are not sufficient (§ 1666 BGB). The hurdles are high.
Supporting help and conditions take precedence. In the procedure you have a right to be heard and can be represented. Often the withdrawal can be averted through cooperation and support.

What you should do now

  1. 1

    1. Stay calm, cooperate

    Take the youth welfare office's offers to talk seriously and show willingness to cooperate, that is often decisive.

  2. 2

    2. Accept help

    Support offers (family help, counseling) can avert an endangerment and make a withdrawal unnecessary.

  3. 3

    3. Bring in a lawyer

    With a threatened custody withdrawal, you should be represented by a lawyer and review the file.

  4. 4

    4. Use your hearing in the procedure

    The family court decides on the withdrawal. Bring in your view and evidence; the child is often represented by a guardian ad litem.

How to spot the scam

  • You refuse any cooperation with the youth welfare office.
  • You underestimate the situation and do not get legal help.
  • A taking into care occurs and you do not know how to proceed against it.

Frequently asked questions

Can the youth welfare office withdraw my custody?

No, the withdrawal is ordered not by the youth welfare office but by the family court. The youth welfare office can initiate the procedure and, in acute cases, temporarily take the child into care. The court decides on the custody withdrawal.

Which conditions apply?

An endangerment of the child's welfare that the parents cannot or will not avert, and the absence of milder means (§ 1666 BGB). The requirements are high; support and conditions take precedence over a withdrawal.

How can I defend myself?

Cooperate with the youth welfare office, accept help, and bring in a lawyer early. In the court procedure you have a right to be heard and can bring in your view and evidence.

Take action now

We put together the ready-made texts and the right places to contact for you.

Check your right to a lawyerCheck a suspicious message
More help: Emergency by phone · Act together · Right to a lawyer · All guides

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.