Ausübung der Personensorge / Bremerhaven

If one parent has questions about the exercise of personal custody or problems with the application for joint custody, the youth welfare office can intervene in an advisory capacity. In the further course, the family court is involved.

The specialized service "Young People" offers counseling and problem-solving options if there are questions about the exercise of personal custody.

If there are problems with the exercise of personal custody, the father has the possibility, due to the reform of the custody law, to file an application for joint custody with the family court. Such an application for joint custody can also be filed by the mother.

The "Young People" department passes the case on to the "Assistance, Maintenance for Minors" (BUM) department if children of unmarried parents are involved and no agreement can be reached.

After the application has been filed, the mother is given the opportunity by the court to comment. The period set by the court ends at the earliest six weeks after the birth.

If no statement is made or if the court considers the grounds to be inadequate, summary proceedings may be held on the basis of the case file and without the involvement of the youth welfare office. In these cases, the court may assign parental care to the parents jointly without hearing the mother, if joint parental care is not contrary to the best interests of the child.

If the reasons against joint custody appear plausible to the court, the usual custody proceedings are conducted. In these proceedings, the mother, father and possibly also a court-appointed guardian ad litem for the child are heard.

Courts may only transfer sole custody to the father if this has been requested by one parent. Furthermore, it must be examined whether a less restrictive arrangement could be considered. If the judicial review shows that joint custody is in the best interests of the child, the transfer of sole custody or part of it is not permissible.