Custody order to be lodged in court Unfortunately this specification of service has not yet been completely translated.
With a custody order, parents or single parents have the opportunity to regulate in advance who should represent their minor children as guardians after their death. In doing so, a guardian is appointed in the form of a so-called last-ditch injunction, i.e. by will or inheritance contract. If there is no custody order, the court decides this, but always for the best interests of the child. However, even in the case of an existing custody order, the court shall decide whether the named person is suitable as guardian. However, the court may deviate from the custody order only if there are legitimate doubts as to the suitability of the proposed person. With the custody order, they can not only appoint persons and a substitute guardian for the representation of children, but also explicitly exclude persons from guardianship. Before appointing a guardian in your custody order, you should talk to them and inform them. In addition, children who have reached the age of 14 may oppose the custody order. Therefore, in order to safeguard the interests of all parties involved, you should regularly update the custody order and adapt it to changing circumstances. The custody order can also be combined. In addition to the appointment of a guardian, you can also lay down specific requirements for the management of the inherited assets, separate guardianship from asset care and divide it among different persons. In order for your custody order to be implemented after death, it is particularly important that it can be found. They have various options for holding custody custody: in addition to the retention of the possible guardian, there is the possibility of placing the custody order in the form of a will for a fee at the probate court in special official custody.
The basic prerequisite for drafting a custody order is that you, as a author, have custody and thus legally have a right of designation. In addition, the designated guardian must be of legal age. Since you can only deposit the custody order in the form of a final injunction (e.g. will) with the probate court and the custody order is legally a special type of will, certain formalities for the validity of the document. These would be, for example: the guardians must write and sign the order themselves by hand the guardians should sign with first and last names the custody order should be provided with place and date Note: You can also seek advice from notaries or lawyers when drafting a custody order.
- Gesetz über Kosten der freiwilligen Gerichtsbarkeit für Gerichte und Notare (GNotKG) Opens in new window
- §§ 344 - 351 Gesetz über das Verfahren in Familiensachen und die Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG) besondere amtliche Verwahrung durch das Nachlassgericht Opens in new window
- §§ 1776 - 1782 Bürgerliches Gesetzbuch (BGB) Benennungsrecht der Eltern (Voraussetzungen und Verfahren) Opens in new window
You make a custody order in the form of a will and discuss it with the designated guardian and your child. They take the original of the custody order and take it to the probate court. The acceptance of the injunction is logged there. You will then receive a cost statement for the fee for custody and a deposit slip. After payment of the fee, your custody order will be deposited in the form of a will at the probate court and can therefore be found safely in the event of death. Note: In addition to the possibility of consulting the notary, the notary can also take over the filing of the custody order with the probate court for you. Other There are forms and samples of custody orders, so you are given a formulation aid, and you can also better comply with the formalities that are made to a custody order. Note, however, that the custody order must be made by hand!
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Hessian Ministry of Justice
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