Custody order
In German family law, a custody order is a legal act based on a declaration of intent through which a parent expresses his or her will with regard to the care for his minor child after a possible death (in particular according to § 1776 to § 1782 BGB).
It is specifically about the question of what the declaring parent imagines for his child, for whom he has custody, in the event of his death - i.e. the question of who should be cared for his child after his death.
In the German legal system, the custody order is not specifically regulated by law - but it does fit into the family law system. The custody order must be handwritten as a testamentary disposal by the custodian and signed with first and last name.
In particular, parents with sole custody make use of this security mechanism, which is intended to ensure that the will of the parent with custody is also observed after their death.
Because if both parents jointly exercise parental custody and one parent dies, parental custody is already available to the surviving parent under the law, Section 1680 (1) of the Civil Code . However, if the parents live separately and the parent who had sole custody dies, the family court must transfer parental custody to the other parent if this does not conflict with the best interests of the child, Section 1680 (2) BGB.
With the help of this custody order, the parent with custody has the option of appointing a guardian for a minor child. Thus, the mother with sole custody can object to a transfer of custody to the non-custodial father in advance.
The family court checks whether the transfer of custody is in the best interests of the child . If the court decides against a transfer to the other parent, it forwards the facts to the responsible guardianship court . This then arranges a guardianship and appoints the named person after checking the suitability. There is also the option of father and mother naming different people. In the event of the death of the parents, the person to be appointed as the guardian will be named by the last deceased parent. In addition, naming several people with equal status for the same or separate spheres of activity is conceivable. The custody order is valid until revoked by the principal or until the child is of legal age . The custody order can be kept at the probate court for a fee .
Web link
- "Submit a custody order to the court" on sachsen.de
Individual evidence
- ↑ Submit the custody order to the court. Saxon State Chancellery, accessed on May 17, 2019 .
- ↑ Jennifer Koch: Custody Order: This is what you should do so that your children are looked after. In: Focus Online . January 8, 2016, accessed October 14, 2018 .
- ↑ https://www.ndr.de/ratgeber/verbrauch/Sorgerechtsverfuichtung-im-Todesfall-Das-ist-wichtig,sorgerechtsverfuetzung100.html
- ↑ Clarify in good time who should look after the children. Retrieved May 10, 2019 .
