Declaration of Custody Notarization

If parents are not married to each other at the birth of a child, they are jointly entitled to parental care if they declare that they want to take over the care together (declaration of custody). This must be publicly notarized. The declaration of custody can also be submitted before the birth of the child. hint: If this declaration is not made, the mother has sole custody.

Preconditions
The parents of a child are not married and have not been married to each other and wish to exercise parental authority together. In addition, paternity has already been recognised or established.

Hints
is a declaration of intent of the unmarried parents to exercise parental authority together this can be done both before (not if the mother of the child is still married) and after the birth of the child a time limit of the declaration is not possible if no declaration is made, the mother retains sole custody Notarization is carried out publicly by the Youth Welfare Office or a notary If the parents marry after the declaration has been submitted, the certificate of custody declaration is replaced by the statutory provisions on the Custody replaced
prior appointment is required the personal appearance of both parents is indispensable can be done independently of each other in exceptional cases Mutual power of attorney is not possible Existence of recognition of paternity required (see separate benefit) Recognition of paternity can be preceded on the same date

Responsible for the content
MFFJIV

Last update or date of publication
26.06.2018