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Emergency

Custody directive: who cares for the children if something happens to you?

What happens to the children if something happens to both parents? A custody directive takes this worry off your shoulders: with it you decide yourself who should look after your minor children, instead of leaving that to the court alone.

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In a custody directive you name who should become the guardian of your minor children in the event of your death (or if both of you are unable to act), and who expressly should not. The family court is in principle bound by your nomination (§ 1782 BGB), as long as it does not conflict with the child's welfare.
The directive should, like a will, be written and signed by hand or drawn up before a notary. It is best to speak with the person of your choice beforehand and keep the directive somewhere it can be found.

What you should do now

  1. 1

    1. Choose your preferred person

    Who should look after the children in an emergency, and who on no account?

  2. 2

    2. Speak with the person

    Clarify in advance whether the named person would take on the task.

  3. 3

    3. Observe the written form

    Draft the directive by hand (handwritten, with signature) or before a notary.

  4. 4

    4. Store it so it can be found

    Keep it in a way that it will be found in an emergency (deposit it with the probate court if appropriate).

Frequently asked questions

Can I decide who cares for my children in an emergency?

Yes. With a custody directive you name who should become the guardian of your minor children if something happens to you and the other parent. The family court is in principle bound by this nomination (§ 1782 BGB), provided it does not conflict with the child's welfare. You can also specify who expressly should not become guardian.

How do I draft a custody directive correctly?

Best of all in the form of a will: by hand, meaning fully handwritten and dated and signed, or notarized. Speak in advance with the person of trust you want, to check whether they would take on the task, and keep the directive in a place where it can be found or deposit it with the probate court.

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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.