Beistandschaft durch das Jugendamt beantragen
Inhalt
Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
- §§ 1712 bis 1717 Bürgerliches Gesetzbuch (BGB) – Beistandschaft
- § 52a Sozialgesetzbuch - Achtes Buch (SGB VIII) – Beratung und Unterstützung bei Vaterschaftsfeststellung und Geltendmachung von Unterhaltsansprüchen
- § 55 SGB VIII – Beistandschaft, Pflegschaft und Vormundschaft des Jugendamts
- § 1 Landesjugendhilfegesetz (LJHG) – Örtliche Träger der öffentlichen Jugendhilfe, Jugendamt
The guardianship service is offered by the youth welfare office. At your request, it will support you in establishing paternity or asserting maintenance claims. You decide which area you need help with.
Guardianship is a special form of legal representation for children and young people. This enables the youth welfare office to legally represent the child in the relevant proceedings to establish paternity or assert maintenance claims, thereby relieving you of some of the burden. This does not restrict your parental care. You can apply for guardianship for the unborn child.
If you no longer need the guardianship, you can terminate it in whole or in part at the youth welfare office. The guardianship ends automatically if the legal requirements are no longer met. This is the case, for example, if
- both parents have assumed joint custody and the child lives in the same household,
- the child is of legal age,
- you move abroad with the child or
- the guardianship has fulfilled its purpose, for example if paternity has been established.
- identity card
- Copy of the child's birth certificate
- Proof of paternity, if applicable
- if available: Maintenance certificates or decisions or judgements on maintenance obligations
- If necessary, further documents may be requested by the counsellor.
- The child lives in Germany,
- You are entitled to sole parental custody or
- The child lives mainly with you despite joint parental custody.
Note: Please note that a counselling interview at the responsible youth welfare office is a mandatory prerequisite for applying for guardianship. Please make an appointment for this.
Depending on the regulations of the respective youth welfare office, you can submit your application in writing or online (see -> Online application). Talk to the youth welfare office in advance. Arrange an appointment for this.
Online Application
- Log in to the service account. If you do not yet have a service account, set one up under "Register free service account".
- Click on the button under Online application.
- Fill in the data fields according to the instructions and upload the required documents. You can save the details temporarily at any time and complete them at a later date. You can find cached versions under "My online applications" in your service account.
- Once all data fields have been completed, finalise the application. The data will be sent to the department responsible.
- You will find confirmation of receipt in the inbox of your service account. You will receive a notification of incoming messages to your personal e-mail address.
Written Application
- If an application form is available, you can obtain this via Amt24 or via the authority's own website. If no form is available, you can submit an informal application.
- Submit the signed application with the required supporting documents to the youth welfare office responsible. Electronic submission is possible.
Confirmation of Receipt and Further Procedure
- The guardianship begins when the application is received by the youth welfare office. The Youth Welfare Office assigns the exercise of the guardianship to its employees.
- When paternity is established, the guardian first contacts the alleged father. If paternity is not recognised, he or she applies to the responsible family court on behalf of the child to establish paternity.
- When asserting maintenance claims for the child, the legal adviser asks the parent liable for maintenance to provide information on his or her income and financial circumstances and to voluntarily recognise the maintenance claim subsequently calculated by the legal adviser in the form of an enforceable deed. If the parent refuses to recognise the claim, for example because they consider the calculation to be incorrect, this will result in court proceedings.