Wegweiser Parents & Families · Rights and benefits for your child Deutsch

👪 Custody: the basics

Who has custody? Married, not married, joint or sole.

custody joint custody declaration of custody (Sorgeerklärung) not married custody of the person right to determine residence

In brief

Custody (Sorgerecht) means: you look after your child. Custody of the person (Personensorge) includes the duty and right to care for, bring up and supervise the child and to determine where it lives.

If the parents are not married at the birth, there is joint custody if both declare that they want to take on custody together, if they marry, or if the family court decides so. Otherwise the mother has sole custody.

There is a separate guide on separation.

Step by step

  1. Clarify the situationWere you married at the birth? Is there a declaration of custody?
  2. Seek adviceAsk the Jugendamt for advice on joint custody.
  3. In a disputeYou can turn to the family court. Get advice first.

Deadlines

no fixed deadline
Joint custody is possible at any time by declaration, marriage or court decision§ 1626a Abs. 1 BGB
Watch out – common mistakes
  • A possible reform of child law was not checked for this page; the legal text as retrieved applies.
  • Bringing up children without violence is a duty (§ 1631 Abs. 2 BGB).
  • In cases of domestic violence special routes apply; see the guide on domestic violence.
In depth · legal basis, figures and practice – for advisers and professionals

Unmarried parents

§ 1626a Abs. 1 BGB: If the parents are not married to each other at the child's birth, they have joint parental custody if they declare that they want to assume custody together (Sorgeerklärungen), marry each other, or the family court transfers parental custody to them jointly. Under Abs. 2, on the application of one parent the court transfers joint custody if the transfer does not conflict with the child's best interests. Under Abs. 3, in all other cases the mother has sole parental custody.

Content of custody of the person

§ 1631 Abs. 1 BGB: duty and right to care for, bring up and supervise the child and to determine its residence. Abs. 3: The family court assists the parents on application in suitable cases.

Not covered

Custody after separation and divorce, contact rights and name law.

Who is responsible
  • Jugendamt (advice)
  • Familiengericht (family court)
Further reading
The child's own rights, independent of the parentsChild protection and the Jugendamt: your rights

Quick questions

Worum geht es bei „Custody: the basics“?
Who has custody? Married, not married, joint or sole.
Which deadlines and figures matter?
no fixed deadline: Joint custody is possible at any time by declaration, marriage or court decision (§ 1626a Abs. 1 BGB)
What should I do first?
  • Clarify the situation: Were you married at the birth? Is there a declaration of custody?
  • Seek advice: Ask the Jugendamt for advice on joint custody.
  • In a dispute: You can turn to the family court. Get advice first.
What do I need to watch out for?
  • A possible reform of child law was not checked for this page; the legal text as retrieved applies.
  • Bringing up children without violence is a duty (§ 1631 Abs. 2 BGB).
  • In cases of domestic violence special routes apply; see the guide on domestic violence.
Evidence
  • Gesetze im Internet, § 1626a BGB, retrieved 20 September 2026
  • Gesetze im Internet, § 1631 BGB, retrieved 20 September 2026
As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.