👨👩👧 Family and contact during prison
In brief
Imprisonment alone ends neither parental custody nor the right of contact. Both continue to be governed by family law (BGB): parental custody can be restricted or withdrawn only if the family court finds a concrete danger to the child's welfare in the individual case – not merely because of the imprisonment itself. Contact with children and family through visits, letters or phone calls is generally possible, but has to be organised actively with the prison and the other parent or guardian.
Step by step
- Stay in touch with the JugendamtInform the Jugendamt (youth welfare office) about your situation if custody or contact issues are pending – early communication prevents misunderstandings.
- Agree contact arrangements with the other parentSettle visits, phone calls and letter contact by agreement wherever possible; in case of conflict, a contact guardianship (Umgangspflegschaft) can be applied for, which organises and supervises contact.
- Ask about child-friendly visiting optionsAsk the prison whether there are special visiting rooms or family days for children – what is offered varies greatly between prisons.
- Secure legal support if custody proceedings are loomingIf family court proceedings to restrict custody are started, secure legal representation early; legal aid for proceedings (Verfahrenskostenhilfe) can be applied for.
- Raise maintenance activelyDo not wait until arrears build up – inform those entitled to maintenance or the Jugendamt about your limited ability to pay and, if appropriate, apply for an adjustment.
Deadlines
- Prison alone does not justify an automatic withdrawal of parental custody – this requires a concrete danger to the child's welfare found by the family court.
- Maintenance obligations generally continue during prison; wages from prison work are usually low – deal early with an adjustment instead of letting arrears grow.
- Child-friendly visiting arrangements are not equally developed in every prison – inconsistent between prisons and federal states, so it is worth asking actively.
- Acknowledgement or establishment of paternity should not be postponed because of prison – it is possible from prison too, with the help of the Jugendamt or a notary.
In depth · legal basis, figures and practice – for advisers and professionals
Parental custody and contact during prison
Parental custody (§§ 1626 ff. BGB) and the right of contact continue regardless of imprisonment. Restriction or withdrawal of custody is possible only under § 1666 BGB, if the family court finds a concrete danger to the child's welfare – imprisonment itself does not automatically constitute this danger, but may play a role in the overall assessment.
Organising contact
In a dispute over contact, a contact guardianship (§ 1684 para. 3 BGB) can be ordered, which supervises and organises handovers and visits. For visits in prison, the rules of the respective state prison act and the prison's house rules also apply.
Maintenance
Maintenance obligations generally continue during prison. Since income from prison work is regularly far below a normal earned income, the ability to pay often falls considerably – this can justify a reduction in maintenance, but does not automatically lead to it being dropped.
Practice in prisons
Some prisons offer child-friendly visiting rooms, father-child or mother-child programmes and special family days. According to the available sources, no uniform nationwide concept is apparent – what is offered depends on the respective prison and federal state.
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.