In the case of a divorce, there is usually also a physical separation. If there are children in your marriage, you are faced with the situation that the children remain with one parent. In the case of a divorce with children, it is important to regulate custody, child support and contact rights.
The concept of custody includes the parental rights and obligations with regard to the care, upbringing, asset management and legal representation of the children. After the divorce or after the dissolution of the household, the parents continue to have joint custody. However, you have the option of deciding on certain custody regulations in court.
If the parents cannot reach an agreement, you have the option of submitting an application to the guardianship court for sole custody to be transferred to you.
When entrusting the custody of children, the court pays attention to certain criteria, such as the relationship between the child and the parent, whether the child will have to move house, whether siblings will grow up together, non-violence or educational tolerance. The court is based on the needs, abilities, development opportunities and living conditions of the child.
The question of fault is irrelevant for a custody decision by the court.
The parent who does not live with the child in the same household has the right to personal contact with the child. The so-called right of contact is intended to maintain or, if necessary, restore the close relationship. The right of contact is ordered either by mutual agreement or, if the child's well-being is endangered, ex officio. The right of contact is also your child's right and not just the arrangement between you and your ex-partner.
The beginning and end of visiting hours must be clearly and unambiguously formulated. In addition, the extent of the contact must be adapted to the age of the child, its wishes and needs, and the intensity of the previous relationship.
If you have custody and your ex-husband has contact rights, he should also be involved in the child's everyday life and not only spend time with the child on weekends or during the holidays.
Do You Have Questions? I will advise you in detail in order to achieve a harmonious but fair arrangement for you and your child or children.