Parental Custody

Parental custody (Sorgerecht) comprises the duty and right of parents to care for a minor child (§ 1626 BGB). It is divided into custody of the person – including upbringing, determination of residence and healthcare decisions – and custody of the child's assets.

Married parents share joint custody from birth. Unmarried parents can establish joint custody by way of matching declarations of custody; otherwise, sole custody initially lies with the mother. Even after separation or divorce, joint parental custody generally continues to apply.

If parents cannot agree on a matter of substantial importance – such as the choice of school, a relocation or an important medical decision – the family court can transfer the decision-making power for that specific issue to one parent under § 1628 BGB. In conflict situations, early specialised advice is recommended to safeguard both the welfare of the child and the legal position of the parent concerned.