In Magnitogorsk, a young man with difficulty was able to get custody of his younger sister after the death of his mother - the right to a child was unexpectedly declared by a previously convicted father, who had never been interested in their life. The story is not over yet - as in many other similar cases, the family will face long legal battles. "Izvestia" figured out what awaits minors, for the guardianship of which several parties claim at once.

How children are divided in court

22-year-old Yaroslav Ionush, a member of the Ministry of Emergency Situations, has recently become a temporary guardian for his eight-year-old sister - their mother died two years ago. However, this had to be achieved through the courts.

Yaroslav said that their mother died at the age of 38, when his sister was six years old. He took responsibility for the child, since even during the life of his mother he replaced the father of the girl - the man who was his stepfather left the family in 2014 and later did not take any part in her life. He also did not come to the funeral, he did not express a desire to pick up his daughter. However, Yaroslav was denied guardianship of his sister, since his father is alive and he must first be limited in his rights.

contentious relationship

Photo: depositphotos/Kostia777

The courts turned out to be a difficult test - the girl's previously convicted father filed a lawsuit to transfer the child to him for upbringing, and guardianship, citing some kind of psychological examination, stated that the girl wants to live with him . Yaroslav suggested that her father decided to take custody of her daughter for financial reasons.

When the man tried to establish contact with the girl, he failed - she refused to go out with him, was not happy with his gifts. New forensic examinations confirmed that the girl had no connection with her biological father.

As a result, he was limited in parental rights, and in September Yaroslav received temporary custody of the girl - so far only for six months. After this period, legal proceedings may begin again.

In Moscow, a court recently took place in another similar case - former cohabitants argued for the right to raise a child. This story began in the winter of 2021 - Adamkhan Shukurov took his 10-month-old daughter and kept her for more than a week. It was possible to rescue the girl with great difficulty, but this was followed by litigation. At the trial, Shukurov's side claimed that his former cohabitant Oksana Smetankina was a bad mother, but could not confirm this. As a result, the court took the side of Smetankina, establishing her right to a child.

contentious relationship

Photo: ITAR-TASS/Stanislav Krasilnikov

Both cases ended successfully, but the child experiences great stress in such situations. For example, a few years ago, near St. Petersburg, a seven-year-old girl was taken away from her grandmother and handed over to her father, who was convicted three times and was serving a sentence at that time. It was possible to cancel the decision of the administration only through the court with the participation of the Commissioner for Human Rights in the Leningrad Region. And in Tyumen, at the beginning of the year, a whole epic unfolded, when the child was taken away from the relatives of the deceased spouse by force in order to give it to the father by a court decision.

What are the interests of the child

Lawyer Viktoria Dergunova notes that all disputes about children, regardless of who they are between, should always be resolved in the interests of the child. At the same time, the Family Code does not disclose this concept, so it must be interpreted in accordance with the Convention on the Rights of the Child and the practice of the European Court of Human Rights.

- In the jurisprudence of the ECtHR, the “best interests of the child” are primarily considered the following two: maintaining ties with the family, unless it is established that these ties are undesirable, and the possibility of developing in a healthy environment , Dergunova told Izvestia. - The court should not be engaged in predicting how a child's life will turn out in a family about which he has no memory, with whose members he has no emotional connection.

She notes that the best interests of the child should be understood as a frame of reference within which the situation in which the child finds himself should be considered.

— The ECtHR has repeatedly emphasized the inflexibility of Russian legislation in terms of regulating the issues of a child's communication with significant people who are not included in the circle of his close relatives within the meaning of Art. 55 Family Code ,” Dergunova said. — Inflexibility is expressed in the fact that Russian legislation contains an exhaustive list of persons entitled to contact with a child. The legislation does not provide for any exceptions, nor does it take into account the variety of family circumstances that may be taken into account in order to ensure the best interests of the child.

contentious relationship

Photo: depositphotos/dimaberkut

As a result, she notes, In practice, situations often arise when a person who is not a relative of the child, but who is deeply attached to him and cared for him, under no circumstances has the right to communicate with him .

Attorney Anton Zharov notes that the current legislation on guardianship and guardianship contains an indication of the priority of appointing guardians or trustees only for grandparents, adult brothers and sisters of a minor ward, and great aunts and grandfathers, cousins ​​and sisters are not covered by this rule. articles.

He notes that in Russia the family is elevated to the rank of something sacred - if a person is biologically related to a child, then he acquires significant rights, which leaves an imprint on judicial practice.

- As a result, the priority of the child's interests over the priority of parents suffers , - he explained to Izvestia. - Although, in principle, we have stipulated that the court should decide on the place of residence of the child in a disputable situation based on his interests. And a lot depends on the judge. The Supreme Court has repeatedly said that it is necessary to avoid a formal approach in such cases, that it is necessary to examine not only the materials of the case, but also communicate with people, and require guardianship to carefully examine relationships in the family. Another thing is that with the existing workload and qualifications, do judges always do this? Probably not always.

Another question is guardianship behavior, Zharov notes. In his opinion, the principle of its work can be described as "no matter what happens."

“Guardianship agencies often take the least resistance approach so that, God forbid, there is no scandal,” he says. - The interests of the child in this case often play a secondary role, because each state body seeks first to save itself, and then, if possible, to save the children. And after all, no one will condemn the guardianship authority for giving the child to the father - it is much easier to pretend that we do not see any other circumstances, that here is the father, he is the father.

contentious relationship

Photo: Izvestiya/Alexander Kazakov

What guides the court when choosing a guardian

O.E. Kutafina, co-founder of the ANO for the legal support of women and children "Mom in the right" Elena Grin notes: according to Art. 63 of the Family Code, parents have the priority right to raise their children over all other persons and have the right to demand the return of the child from any person.

“But the court has the right not to transfer the child if it considers that such a transfer does not meet its interests ,” she told Izvestia. - For each specific case, everything is investigated - how this parent took care of the child during the life of the other parent, the conditions created for the child, whether he remembers him, from the age of 10, the opinion of the minor himself is also taken into account.

Lawyer, specialist in family law Larisa Vetter also notes that the only legal representatives of the child are the parents.

- That is, , according to the meaning and norm of the law, it is first necessary to restrict the rights or deprive the rights of a parent if there are good reasons , - she told Izvestia. - And only then the person who takes care of the child can be considered as a potential guardian. Restriction and deprivation of rights are the most difficult cases. It is necessary to prove that the parent harms the child by his actions.

Grin notes that in such cases a forensic psychological examination of parent-child relations is carried out, which is otherwise called “psychological and pedagogical examination”. In the course of it, the personality of the child, father, mother and other relatives who plan to live or live with him, as well as the psychological characteristics of their relationship, are examined.

“The courts are very sensitive to the preferences of a child over 10 years old ,” Grin said. — In younger children, the preference question is rarely asked because the child's opinion largely depends on the opinions of the adults around him, and also because such a question can exacerbate the child's internal conflict and affect the results of the entire study.

contentious relationship

Photo: RIA Novosti / Vladimir Song

If a question about preferences is asked and the child responds with a clear desire to live with one of the parents, then the expert must determine whether this desire is a free desire of the child or a repetition of other people's words and the result of psychological influence, Grin explains. According to her, at a younger age, when answering this question, the child more often chooses the parent in front of whom he experiences more fear. The hostile moods of the child in relation to one of the parents, the expert must also clearly understand and determine their nature - it happens that negative feelings are fueled by another parent and do not basically contain serious problems in the relationship between the parent and the child.

How parents deceive the court

“Guardianship is often regarded by negligent relatives as a tool for obtaining benefits and other types of state support ,” Alexey Gavrishev, managing partner at AVG Legal, told Izvestia. “However, thanks to the work of guardianship authorities, as well as the provisions of the law, in most cases such intentions are easily detected and mercantilely motivated relatives do not receive guardianship.

Victoria Dergunova also notes that it will be difficult for an unscrupulous parent to deceive guardianship and court - his sincere desire to take the child will not be enough here.

— It will be necessary to provide evidence that confirms the intention and desire of unscrupulous parents to take the child into the family: communication with him, transferring funds for his maintenance, interest in his fate, she says.

Larisa Vetter notes that, nevertheless, a parent who acts for any mercenary reasons can obtain custody of a child.

— There are no exact mechanisms and tools, everything rests on the inner conviction of the court, the impression that the situation makes, she emphasizes. - That is why it is important to have evidence that can refute the words.

Elena Grin notes that in this situation, an expert in the field of psychology must establish the motives of the parent, the characteristics of his personal relationship with the child, the characteristics of all family members.

contentious relationship

Photo: RIA Novosti / Vladimir Pesnya

How to get custody of a child

A potential guardian must collect a whole package of documents, including references from the place of work and from the place of residence, proof of income, a police certificate of no criminal record, a medical report on the state of health, an act of examination of living conditions.

But in order to prove to the court that the child should live with you, especially with a living parent, you need to have strong arguments.

“You need to record your participation in the life of the child and at the same time the non-participation of the biological parent in it,” says Larisa Vetter. - School, clinic, institutions of additional education - everyone should be aware of the situation. Then, if necessary, they will be able to confirm the real state of affairs. In addition, you need to turn to a negligent parent for the maintenance of the child, oblige him to participate in life, receive education, and so on.

Victoria Dergunova also notes that it is necessary to collect certificates from the special developmental classes that the child attends, present evidence of the work of a psychologist and a conclusion about his psycho-emotional state.

— In these disputes, the main thing is to convey information to the court about what really is the “best interests of the child”, in connection with which the process of collecting evidence is difficult, — she notes.

Guardianship (Sorgerecht) in Germany

In Germany, there is a whole set of laws (Kindschaftsrecht) that governs the relationship between parents and their child. It also includes the so-called “Sorgerecht” (right of guardianship), which prescribes that parents are obliged to take care of the upbringing of the child, monitor his health and take into account his needs. Lawyers in Germany officially call parents - Erziehungsberechtigte (possessing parental rights). The law of the country gives you a number of rights and obligations in relation to your child. For example, you can decide where he will live and who he can meet. You can also make legal decisions for him, such as entering into a contract. Your child will be able to do this on his own only when he turns 18 years old.

The Sorgerecht states what rights children have in Germany. For example, to be brought up without violence. The main task of the law is to ensure that children feel comfortable and are provided with everything necessary. Depending on the age or development of the child, parents are obliged to give him more and more rights. For example, after the age of 15, children can independently decide what religion they will profess.

If the parents decide among themselves custody issues in court, the children also have certain rights during the trial. Read more about them in the section “How does the custody rights litigation work?”

The right of guardianship (Sorgerecht) extends to minor children, that is, children under 18 years of age, and their parents. According to the law, the parents of a child are his mother and his father. They also include adoptive parents. The mother of a child is the woman who gave birth to him. The child's father is a man who meets one of the following criteria:

• he was married to the child's mother at the time of his birth;
• he acknowledged paternity, and the mother of the child agreed with this. For more information on acknowledging paternity, see the section “We are not married. How can I acknowledge paternity?
• the Family Court (Familiengericht) ruled that he was the father of the child.

Please note: Recognizing paternity or maternity in same-sex or queer families in Germany is not so easy. Legislatively, only the mother and father of the child can be parents in the country. For lesbian couples, this means that a woman who has not given birth to a child must adopt him/her. Only then can she legally become his mother. In gay couples, both men must adopt a child to be considered parents. Read more about LGBTIQ+ rights in Germany in our chapter “LGBTIQ+ in Germany”.

If you are not legally married, the child's father can apply for recognition of paternity (Vaterschaftsanerkennung). Only in this case will he officially be considered his father. He will also need his mother's consent for this. You can also apply before the birth of your child. In this case, the father's surname will be on the birth certificate. If you acknowledge paternity after the baby is born, you will need to request a new birth certificate.

You can acknowledge paternity at the Youth Welfare Office (Jugendamt), the local registry office (Standesamt), the district court (Amtsgericht) or a notary. At the Youth Welfare Office you can do this for free, at all other places you will need to pay a fee. In order to acknowledge paternity, you must first make an appointment with one of the above institutions in your area. On the appointed day, you must come together. You can find the youth welfare office (Jugendamt) responsible for you at jugendaemter.com. The local registry office or district court - on the website of your city or locality or in a search engine. Indicate the word "Standesamt" in the first case and "Amtsgericht" in the second, and do not forget to indicate the name of your city/town. You can find a notary at notar.de.

The child's mother must bring her mother's passport (Mutterpass) as well as her identity card and birth certificate to the appointment. The father of the child must also bring an identity card and a birth certificate with him. Foreign birth certificates must be translated into German by a sworn translator. If you want to carry out the procedure for acknowledging paternity only after the birth of a child, then in addition to all the above documents, you will also need his birth certificate. If you do not have all the necessary documents, then, as a rule, it is impossible to acknowledge paternity. In this case, seek advice from a counseling organization or a lawyer. A consulting organization can be found, for example, using the Pro Asyl website. On the website rechtsberaterkonferenz.de you will find lawyers who specialize in refugees and asylum seekers. Important: Some departments may require additional documents. You will receive the exact list when you make an appointment.

Please note: the official authorities may inform the Aliens' Office (Ausländerbehörde) that you have filed an acknowledgment of paternity if they suspect that you are only doing so in order to obtain a residence permit for yourself or for your child. In this case, the Office for Foreigners will arrange an inspection. More about this in the section “What happens if the official departments do not believe that I am the father of the child?”

Important: Once you acknowledge paternity, you will not automatically receive custody of the child. To do this, you need to submit a joint application for guardianship - Sorgerechtserklärung. Read more about it in the section “What is an application for joint custody (Sorgerechtserklärung)?”

In Germany it is forbidden to acknowledge the paternity of a child who is not your own in order for him, the father or mother to obtain permission to stay in Germany. There is even a special term for this in the country - "missbräuchliche Vaterschaft".

Authorities and notaries are required by law to inform the Aliens' Office (Ausländerbehörde) if they suspect that the recognition of paternity is fictitious. For example, if one of the parents does not have a long-term residence permit in Germany or must leave the country. According to the authorities, in this case, the person requests recognition of paternity only so that he or the mother of the child remains in the country. However, he is not the real father. Doubts can also be caused by the lack of relationship between parents and the child. If the office or the notary reports their suspicions to the office for foreigners, then the latter will arrange a check. It can only be done if you are not the biological father of the child. If it comes to scrutiny, enlist the support of a lawyer or counseling organization. The latter can be found, for example, using the Pro Asyl website. On the website rechtsberaterkonferenz.de you will find lawyers who specialize in refugees and asylum seekers.

Please note: paternity will not be recognized until the verification is in progress.

When both parents have custody of a child, this is called “joint custody” (gemeinsames Sorgerecht). If you are married at the time of your child's birth, you and your spouse will automatically be eligible. That is, you do not need to request it additionally.

If you are unmarried at the time of your child's birth and wish to have joint custody , then you need to submit a corresponding application - Sorgerechtserklärung. If you do not do this, then the right of custody will belong entirely to the mother of the child. You will learn how to apply in the section “What is an application for joint custody (Sorgerechtserklärung)?” This rule applies only to heterosexual couples. Different rules apply for lesbian, gay or queer couples. Read more about this in the section “Who does the right of guardianship apply to?”

Joint custody means that both parents have a responsibility to take care of the child and can make decisions that affect the child's future. In Germany, they even use a special term for this - "Angelegenheiten von erheblicher Bedeutung". These can be, for example, what school he will go to, where he will live and even what religion he will practice. Decisions that only affect everyday life, such as when the child goes to bed or what they eat for dinner, are called “alltägliche Entscheidungen” in Germany.

If you separate and continue to have joint custody, this distinction is very important. So decisions that will affect the future life of the child, you can only make together. Decisions that will affect only his everyday life can be made by one of the parents with whom the child lives. In order to avoid conflicts, however, it makes sense to discuss these issues as well.

Sole custody means that only one parent has custody of the child. If you are the mother of a child and are not married to the father , then after the birth of the child, only you are responsible. Accordingly, you will make all decisions that will affect his future life, the so-called "Angelegenheiten von erheblicher Bedeutung", without consulting the second parent. This rule also applies to decisions that will affect his daily life (alltäglichen Entscheidungen). The other parent, however, can challenge your decisions in court. For more information on the different types of decisions you can make for your child, see What is Joint Custody?.

If you can get sole custody after a divorce/separation, see the section “Who gets custody in a divorce/separation?”

A joint custody statement (Sorgerechtserklärung) is an official document by which unmarried parents confirm that they will jointly care for a child. That is - they both will receive the right of guardianship. In the same place, it is possible to prescribe in advance who will remain in custody if the parents separate (for one of the parents or for both).

You can apply for joint custody at any time either at the Youth Welfare Office (Jugendamt) or before a notary. The document will enter into force at the moment when it is submitted by both parents. This can be done both jointly and separately. You can find the youth agency responsible for you at jugendaemter.com. Notary - at notar. de.

To apply for joint custody, you will need proof of your identity and your child's birth certificate. It must include the name of the father. If this is not your case, you will also need certified copies of the Declaration of Paternity (Vaterschaftsanerkennung) and the mother's consent to acknowledge paternity. A certified copy is a copy of an official document. You can get it either in certain departments, or from a notary. Read more about acknowledging paternity in the section “We are not married. How can I acknowledge paternity? Read more about certified copies in our chapter “Certified copies of documents”.

Please note: if you apply for joint custody (Sorgerechtserklärung) with a notary, you will have to pay up to 80 euros (data from 2021). You can do this free of charge at the Youth Welfare Office (Jugendamt).

Whether you can travel abroad with your child depends firstly on whether you have joint or sole custody, and secondly, how long you plan to stay outside Germany.

I have joint custody:

If you and the other parent have joint custody of a child, you cannot decide on your own where your child will live. To do this, you need to get permission from the other parent. This rule applies both to transfers within Germany and abroad. If you are just going on a trip, then you and the other parent first need to discuss whether you are making a “everyday decision” or a “decision that will affect the future of the child's life”. If this is the first case, then you do not need the permission of the second parent. To learn more about the different types of decisions you can make for your child, see What is joint custody? It is best for you to discuss in advance and fix in writing what decisions will be considered “everyday”.

If you want to move and the other parent is against it, you will need court permission. To do this, you must first file with Family Court (Familiengericht) either an application for sole custody or a declaration that you would like sole custody of your child.

Important: If you move abroad with your child without the consent of the other parent, this is called "Kindesentziehung" (kidnapping) in Germany. By doing so, you are committing a crime. For this, you can be imprisoned for up to 5 years or a fine can be imposed.

Please note: If your child is abroad without your permission, you can contact the Zentrale Behörde für internationale Sorgerechtskonflikte. You can also do this if you are abroad and your child lives in Germany without your permission. The agency will help you get your child back. The country in which he is now located must either be part of the European Union or sign a special agreement. A couple more conditions - the child must be under 16 years old and you had to take care of him. In order to get the help of the Office, you need to fill out a special form, which you will find on the website of the Ministry of Justice in different languages ​​in the section “Formulare für Anträge nach HKÜ und ESÜ“.

You will also need the following documents:

• power of attorney (Vollmachtserklärung), which you authorize the office to apply on your behalf to the courts and official departments of other countries,
• documents showing that you have sole or joint custody,
• Evidence that your child's departure is contrary to the conditions you previously agreed with the other parent (e.g. application for joint custody (Sorgerechtserklärung). 9019four

I have sole custody:

If you are entitled to sole custody, you can make decisions that will affect the child's life (“Angelegenheiten von erheblicher Bedeutung”) without consulting anyone. This also applies to the place where your child will live. You don't need permission from the other parent to do this. This rule also includes travel abroad and residence outside of Germany.

If the other parent does not agree with your decision, he or she can apply for joint custody with the Family Court (Familiengericht). Or demand the right to decide where your joint child will live. If the court grants the application, the case may go as far as contesting custody. Read more about this in the section “How does the custody law process work? "

Before you go to Family Court, you can get support from the Central Contact Center for Cross-Border Child Conflicts and Mediation (ZAnK). You can communicate with the staff of the center from Monday to Friday from 9.00 to 16.00 by calling the free phone +49 30 62 980 403. Consultations are held in German, English, French and Spanish.

If one of the parents dies, the other will usually have sole custody. But only if before that they both had the right of joint custody. You don't need a court order to do this.

If a parent who had sole custody dies, you will need a decision from the Family Court (Familiengericht). He will usually grant sole custody to the other parent. If the court has suspicions that the child with the second parent will be ill, then the official guardian will receive the right of custody - a special person who will be responsible for the child instead of the parents. This can happen, for example, if a child is left unattended in a family. The guardian is appointed by the Family Court. This can be either relatives or a representative of the Youth Welfare Office (Jugendamt).

A guardian will also be appointed if the child is left an orphan - that is, loses both parents. Parents can influence this decision by specifying a trusted person in the will in advance. This can be anyone over the age of 18 who is able to take care of a child. The family court will usually appoint this person as legal guardian unless there is suspicion that he or she will not be up to the task. For example, due to illness or because the child does not want to live with this person. If the child is already 14 years old, then his opinion will also be taken into account when appointing a legal guardian. If the parents did not specify a trustee in the will, the family court will appoint one.

Important: In the will, parents can also specify who under no circumstances should be appointed guardian of their child and why.

Please note: Check your will regularly and change it if necessary. So you can exclude options that do not suit you in the event of your death. You must write the will with your own hand and be sure to sign it. It must also indicate the date and place of compilation. If you ignore one of these points, then your will may be declared invalid.

It depends if you were married or not.

We were married:

If you were married and divorced, you usually have joint custody of the child. You will need to provide this information to the Family Court (Familiengericht). When filing for divorce, be sure to state that you agree that both parents retain custody. It also needs to specify where the child will live and how often he will see each of you. If you wish to be the sole guardian, you must apply accordingly. How to do this, you will learn from the section “When does the family court decide custody issues?”

We were not married:

If you separate and were not married, you will continue to have joint custody, provided that when you were a couple, you applied for this - Sorgerechtserklärung. This document will not lose its force even after you disperse. You can learn more about it in the section “What is an application for joint custody (Sorgerechtserklärung)?” If you did not file this document, then the right of custody will remain only with the mother of the child. The father of the child in this case can apply for joint custody in the Family Court (Familiengericht). He does not need the permission of the mother of the child to do this. The fact that her father filed an application, she learns from the court. If she is against joint custody, then she will need to inform the court of the reasons. That is, she will need to convince the court that the father's care will not bring anything good to the child. She will need to respond within a certain time frame. If she does this and the court considers that her arguments are justified, then it will launch custody proceedings - Sorgerechtsverfahren. After that, both parents are waiting for a hearing. How exactly the process will go, you will learn from the section “How does the custody law process work?” If the child's mother fails to meet the deadline or does not object to the father also taking care of the child, the court will give both parents joint custody.

Important: If you cannot agree on who and how will take care of the upbringing of the child after you separate, you can ask for help, for example, from the Youth Welfare Office (Jugendamt). You can find the institution responsible for you at jugendaemter.com. Its employees tend to speak exclusively German. The “profamilia” project will also be able to help you. You can find a branch near you on the profamilia website by entering your postal code or city/town. Its employees usually speak German. You can also contact the Parent Helpline. Its employees speak many languages. All consultations are free.

If you are unhappy with your current child custody and would like to change it, you can contact the Family Court (Familiengericht). Only he can legitimately change something. Lawyers in Germany call this "Sorgerechtsübertragung" (transfer of custody). This is the case, for example, if you want sole custody or if the other parent requires it to be joint.

You need to ask for changes at the family court where your child lives. You can find the office using a search engine by entering the name of the city / locality in German and the word “Familiengericht”.

Important: If you are requesting sole custody, you must provide a convincing argument on your application. The court will give one parent sole custody only if the parent is satisfied that joint custody would harm the child. For example, if one of the parents suffers from some kind of addiction or mental or physical abuse comes from him, or if the child is starving or is not allowed to go to school.

The Family Court will also deal with guardianship matters if contacted by the Youth Welfare Office (Jugendamt). This will happen, for example, if your child is in danger while living with you. More on this in our chapter “Youth Office (Jugendamt)”.

If you file an application with the Family Court (Familiengericht), the matter does not always go to trial. If you and the other parent suddenly come to an agreement on custody issues, you will need to report this to the family court. You will need to submit a specific application. In this case, it will be satisfied, and the trial will not be launched.

Even if you can't reach an agreement, some judges will try to help you avoid a lawsuit. Since it lasts for more than one day, it costs money and will bring additional stress to both you and your child. Therefore, it may happen that the court first sends you for a consultation or mediation. Mediators are mediators who specialize in conflict resolution. If even after that you cannot reach a consensus, then the matter will go to trial. In this case, the family court will decide what is best for your child. To do this, he will listen to both sides of the conflict - that is, the parents, the child himself (if he is over 14 years old), his representative in the trial (Verfahrensbeistand), and the employee / employee of the Youth Welfare Office (Jugendamt). A litigator is a specially trained lawyer or educator who/who represents the child in court, as the child also has the right to vote in such proceedings. The judge will ask him, for example, about who he would like to live with and how often to see his father or mother. The older the child, the more his wishes will be taken into account. In some cases, for example, if the judge is not very well versed on some issue, the psychologist will also make his opinion. For example, about how strongly the child is attached to you or to the second parent.

You do not need to have a lawyer for the lawsuit, but he or she may be useful. If your budget does not allow you to hire a specialist, then you can request a special type of assistance - "Prozesskostenhilfe". In this case, the court costs and expenses for a lawyer will be borne by the court. Read more about this in our chapter “Help with legal costs (Prozesskostenhilfe)”. You can find a lawyer, for example, at anwaltsauskunft.de.

In order to reside in Germany, foreigners must have a permit. Sometimes a person receives such a document only because his child has the citizenship of the country or a residence permit.

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