How long does a child custody trial last

What Happens & How to Prepare

Missouri encourages parents to decide custody arrangements together, then file an uncontested case or settlement. When parents can't agree, the court holds a trial so a judge can decide custody. (There's no jury in family court.)

In a trial, each parent argues for the parenting plan, residential schedule and child support payment they want. The judge may order one parent's requests or different arrangements (often a middle ground between what each parent wants). The judge's decisions become court orders.

Trials typically begin six months to a year after parents open a case. They usually last a few hours or, in more complex cases, a few days.

Experts don't recommend representing yourself in a trial, as the law and court processes are complicated. Mistakes can negatively impact your case. If you can't afford to hire an attorney, you may be eligible for low-cost or free legal assistance.

Custody X Change is software that creates parenting plans and schedules to present at trial.

Make My Missouri Plan Now

What happens at a custody trial

First, each parent can make an opening statement to preview their position.

Then, each takes turns presenting evidence, which may involve explaining exhibits, questioning witnesses and giving their own testimony. Parents can challenge one another's evidence and question each other's witnesses.

If you have a lawyer, they'll give statements and present evidence for you. If you represent yourself, you'll do all this on your own. If your case has a guardian ad litem (GAL), they'll participate on the child's behalf.

When a child wants to share a custody preference with the court, the judge generally interviews them privately, with a court reporter present. Parents' lawyers might observe, depending on the judge's rules, but parents never do. In cases with a GAL or a custody evaluation, a report for the judge includes the child's preference.

The judge considers the child's opinion along with all the evidence and arguments, making final decisions based on what's best for the child. Often, the judge announces their decisions immediately or after a short break. However, in complex cases, they might take a few days or even weeks.

Preparing for a trial

If you're representing yourself, get familiar with your court's rules and how Missouri judges decide what's in a child's best interests. Check out Missouri's resources for self-represented parents, including the required Litigant Awareness Program.

If you have a lawyer, respond promptly to their requests and listen to their advice. Be honest with them so they can best represent you.

Most judges require a pre-trial conference, in which parents and their lawyers (if they have them) meet with the judge to discuss trial procedures and disputed issues. This is the final step before trial; beforehand, parents spend months preparing evidence and conducting discovery.

Evidence (exhibits and witnesses)

Start gathering evidence to support your position as early as possible.

The specific evidence you need depends on your case, but it should show how you meet your child's needs and support their best interests. You may need to:

Prove your claims about the other parent
Disprove claims made about you by the other parent
Challenge the report from an evaluation or guardian ad litem investigation

Common evidence for a custody trial includes a parenting journal, photos, messages between parents, family calendars and official records (medical, school, criminal, etc.). These are called exhibits.

Witness testimony is also common evidence.

Lay witnesses are people who know the family (e.g., parents themselves, relatives, friends, child care providers, personal physicians). They can testify in person and through character reference letters to what they have personally observed.

Parents can also hire expert witnesses (e.g., child psychologists) to offer professional opinions.

Discovery

Discovery — sometimes called document exchange — is the process of sharing information and evidence with the other parent so you can both prepare for trial.

It starts when the respondent files their answer with the court and continues until a few weeks before trial.

Through court filings, parents request documents and other information from each other. Parents can also request to depose each other's witnesses (i.e., interview them under oath). Failure to comply with discovery requests can be considered contempt of court.

Trial tips

Ask the court clerk about your court's procedures and your judge's rules.
Observe a hearing with your judge, if possible.
Dress professionally.
Arrive early to find parking, go through security and locate the courtroom.
Only bring your children if they're being interviewed that day.
Friends and family can attend, but don't bring new romantic partners.
Refer to the judge as "Your Honor."
Show respect to everyone, and never interrupt.
Ask for clarification if you don't understand something.
When speaking, take your time, but don't ramble or go off topic.
Answer questions directly, and only provide explanations when prompted.
Don't lie or provide misleading information.

Using technology for your trial

Custody trials require serious organization.

You may need to propose residential schedules, suggest a parenting plan, show messages from the other parent and more.

The Custody X Change app lets you create and manage all of these elements in one place.

With residential calendars you can customize, a parenting plan template, printable parent-to-parent messaging and beyond, it helps you prepare for every step of your case.

Take advantage of custody technology to get what's best for your children.

Custody X Change is software that creates parenting plans and schedules to present at trial.

Make My Missouri Plan Now

Custody X Change is software that creates parenting plans and schedules to present at trial.

Make My Plan

Child Custody Trials in New York: Tips for Preparing

If you and the other parent are unable to settle custody disputes, your case will go to trial.

A trial (also called a fact-finding hearing in family court) gives you the opportunity to present your argument and evidence to the judge so he or she can determine custody and visitation orders.

Custody X Change is software that creates parenting plans and custody schedules you can present in a trial.

Make My New York Plan Now

Preparing for trial

If you have an attorney, they'll guide you through the process of gathering evidence, which should begin well in advance of your trial. If you're representing yourself, use all the resources at your disposal.

Look for weaknesses in your case that can be strengthened through evidence or witnesses, and decide what you'll focus on in your time to speak. Focus on the issues identified in your original request for a court order. The judge cannot consider other issues.

All witnesses must attend the trial. Other acceptable evidence includes:

Logs of interactions with the child or other parent
Photos and videos that show you with your child
Medical records
Report cards
Other documents or items that support your argument

Submit copies of all documents to the judge beforehand, and bring extra copies with you. Also, bring copies of your court filings and any orders against the respondent.

Make sure all your evidence meets the requirements in the New York State evidence code.

Some judges require you or your attorney to sit down with your witnesses to discuss what will happen in court. Even when not required, this is highly recommended to help witnesses remain honest and calm when questioned by the other side.

During the pretrial period, don't discuss your case on social media. Avoid any behavior the other parent could use as evidence against you.

Scheduling and timing

A trial is scheduled after parents fail to reach settlement in their appearances or conferences. The wait time depends on the court's schedule, how much discovery takes place and whether a forensic custodial evaluation is required.

In supreme court, often three months will pass between your preliminary conference and trial. Family court tends to have more appearances and a busier court calendar, so the wait may last longer.

Don't be surprised if your trial date gets moved, due either to the judge's schedule or requests for more time from either parent.

The trial itself may last one day or many days (not always consecutive), depending on your case.

Procedures

Parents and their lawyers sit before the judge. Family, friends and the viewing public sit behind, in the gallery.

Other people who may attend include the court officer, court clerk, stenographer, court attorney, attorney for the child, guardian ad litem and interpreter. Custody trials do not have juries.

Trials are open to the public, except in rare cases when the judge decides otherwise.

You should not bring your child to trial. If you need childcare, ask whether your courthouse provides this service. Family courts in New York City, for example, provide free care for children while their parents are in session.

You may start the trial with an opening statement, but it's usually unnecessary because family judges tend to be familiar with cases. Opening statements shouldn't argue points but briefly lay out testimony, exhibits and other evidence to come.

Next, the petitioner (family court) or plaintiff (supreme court) questions their witnesses and presents evidence. Witnesses, including the parents, are sworn in before questioning.

When a parent has legal representation, they're questioned by their attorney. Otherwise, they take the stand to tell the judge what they're seeking and why.

After each witness testifies, the other parent or lawyer has the opportunity question (i.e., cross examine) them.

While one side is cross examining, the other side can object if they believe a question is inappropriate. The judge then replies either with "sustained," meaning they agree the question is inappropriate, or "overruled," meaning they'll allow the question.

Redirect or recross examination allows the original questioner to interview witnesses again to correct any misunderstandings resulting from cross examination.

After the petitioner or plaintiff rests, the respondent (family court) or defendant (supreme court) has the opportunity to present their case, repeating the same process.

Lastly, if there's an attorney for the child, they have a turn to call witnesses and present evidence on the child's behalf.

To close, each parent (and the attorney for the child, if applicable) makes a closing statement to summarize their main points.

In some cases, the judge wants to hear from the child in a Lincoln hearing before reaching a final decision. This hearing takes place on a day separate from testimony, and parents and their attorneys cannot attend.

If there's no Lincoln hearing, the judge usually issues a decision immediately after closing arguments.

The judge then writes their decision up as a final court order. Once signed, it replaces any temporary orders in the case. Your options for changing an order include applying for a modification and appealing to a higher court.

Tips

Attend other trials before your own, especially ones with your judge.
Arrive early.
Dress neatly and conservatively.
Do not bring your child.
Know your child's teachers, interests and other information to show your involvement in their life.
Treat everyone with respect.
Address the judge as "your honor" and lawyers as "Attorney [Last Name]", "sir" or "ma'am."
Tell the truth, and encourage your witnesses to do the same. Perjury, or lying under oath, is a criminal offense.
Don't be too friendly with witnesses who are supposed to appear unbiased.
Only speak when you're asked to.
Do not provide more information than necessary.
Ask for clarification if you don't understand a question, and admit when you don't know an answer.
Keep a level head. Avoid getting overly emotional during testimony or after the judge announces the decision.

Staying organized

Going to trial over custody and visitation requires serious organization.

You'll need to present evidence, which could range from messages with the other parent to a calendar showing when you care for your child. You should also present a proposed parenting plan and schedule to the court.

The Custody X Change app lets you create and manage all of these elements in one place.

With parent-to-parent messaging, personalized custody calendars, a parenting plan template and more, Custody X Change makes sure you're prepared not only for trial but for every step of your case.

Take advantage of our technology to get what's best for your child.

Custody X Change is software that creates parenting plans and custody schedules you can present in a trial.

Make My New York Plan Now

Custody X Change is software that creates parenting plans and custody schedules you can present in a trial.

Make My Plan

RF IC Article 145. Establishment of guardianship or custody of children left without parental care \ ConsultantPlus

RF IC Article 145. Establishment of guardianship or guardianship of children left without parental care

(as amended by Federal Law of 04.24.2008 N 49-FZ)

(see the text in the previous edition)

protection of their rights and interests. nine0003

2. Guardianship is established for children under the age of fourteen.

Guardianship is established over children from fourteen to eighteen years of age.

3. Relations arising in connection with the establishment, implementation and termination of guardianship and custody of children left without parental care are regulated by the Civil Code of the Russian Federation, the Federal Law "On Guardianship and Guardianship" and other regulatory legal acts adopted in accordance with them of the Russian Federation, unless otherwise provided by this Code and other regulatory legal acts containing the norms of family law. nine0003

(Clause 3 as amended by Federal Law No. 49-FZ of April 24, 2008)

(see the text in the previous edition)

The appointment of a guardian for a child who has reached the age of ten years is carried out with his consent.

(Clause 4 was introduced by Federal Law No. 49-FZ of April 24, 2008)

5. The transfer of brothers and sisters under guardianship or guardianship to different persons is not allowed, unless such transfer is in the interests of children. nine0003

(Clause 5 was introduced by Federal Law No. 49-FZ of April 24, 2008)

including under an agreement on a foster family, or in cases provided for by the laws of the constituent entities of the Russian Federation, under an agreement on a foster family (patronage, foster care).

(Clause 6 was introduced by Federal Law No. 49 of April 24, 2008-FZ)

7. When placing a child under guardianship or guardianship under a guardianship or guardianship agreement, it is required to adopt an act of the guardianship and guardianship body on the appointment of a guardian or trustee who performs his duties for a fee.

In case of unreasonable evasion of the guardianship and guardianship body, which adopted the act on the appointment of a guardian or custodian, performing their duties for a fee, from concluding an agreement on the implementation of guardianship or guardianship, the guardian or custodian has the right to present to the guardianship and guardianship authority the requirements provided for in paragraph 4 of Article 445 of the Civil Code Russian Federation. nine0003

When a child is placed under guardianship or guardianship under a guardianship or guardianship agreement, the rights and obligations of the guardian or trustee to represent and protect the rights and legitimate interests of the child arise from the moment the act of the guardianship and guardianship body on the appointment of a guardian or guardian is adopted. The right of the guardian or custodian to remuneration arises from the moment of conclusion of this agreement.

(Clause 7 was introduced by Federal Law No. 49-FZ of April 24, 2008)

The right of guardianship (Sorgerecht) in Germany

Germany has 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. nine0003

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, then during the trial, the children also have certain rights. Read more about them in the section “How does the custody rights litigation work?” nine0003

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? nine0052
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”. nine0003

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. nine0003

At the appointment, the child's mother must bring the mother's passport (Mutterpass), as well as an identity card and a birth certificate. 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. nine0059 Important: Some departments may require additional documents. You will receive the exact list when you make an appointment.

Please note: official authorities may notify 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?” nine0003

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". nine0003

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. nine0003

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 the 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. nine0003

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?. nine0003

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

Joint custody statement (Sorgerechtserklärung) is an official document by which unmarried parents state 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). nine0003

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”. nine0003

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 second 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”. nine0003

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 and your child move abroad 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. nine0003

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“. nine0003

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 that you previously agreed with the other parent (for example, an application for joint custody (Sorgerechtserklärung).

I have sole custody:

If you have sole custody, you can make decisions that will affect the child's future 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? " nine0003

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. nine0003

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). nine0003

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. nine0003

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. nine0003

It depends on whether 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?” nine0003

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. nine0003

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 must ask for changes at the Family Court in your child's area. You can find the office using a search engine by entering the name of the city / locality in German and the word “Familiengericht”. nine0003

Important: If you are requesting sole custody, you must provide convincing arguments in 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)”. nine0003

If you apply to 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. nine0003

You don't need to have a lawyer for the lawsuit, but he or she can be helpful. 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.