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Declare joint custody of a child
You have had a child, you are not married to the father of the child and you would like to share custody? To do so, you need to make a declaration that you want to jointly take over parental care of the child. You can find out more about this here.
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Basic information
If you are not married to each other as parents of a common child, only the mother is entitled to custody.
If you wish to have joint custody, both parents must declare this to the Youth Welfare Office or a notary and have it notarized.
You can submit the declaration of custody even if your child has not yet been born but has already been conceived. It is also possible and sensible to submit a joint declaration of custody after the birth if you do not want to marry each other and do not want to seek a court ruling on custody.
After submitting joint custody declarations, parental custody can only be changed by a decision of the family court.
Requirements
- They are not married to each other.
- Paternity is effectively acknowledged.
- The child does not need to be born yet, but it must be conceived.
- A court decision on parental care has not yet been made.
- Expected date of delivery or date of birth and name of the child.
- You must appear in person.
- In principle, the parents must be legally capable. The declaration of custody of a parent with limited legal capacity must be approved by the legal representative.
- The declaration of custody only becomes effective when both parents have submitted an identical declaration of custody.
- Both parents speak sufficient German. If this is not the case and you need an interpreter, please indicate this when making the appointment.
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Procedure
- To make a declaration of custody, you must make an appointment in person with the Office for Social Services at the Specialist Service for Guardianship/Maintenance for Minors.
- You can use the online service to make an appointment.
- If you require an interpreter, please state the desired language when making the appointment.
- Both parents must appear in person. Preferably together.
- If this has not already been done, the father must first effectively acknowledge paternity.
- You will be informed about the legal consequences of declaring custody.
- The certificate of custody will then be read to you.
- Both parents must sign the document.
- Both parents will be given certified copies of the document.
More information
The declaration of custody can also be submitted to a notary. There, the notarization is subject to a fee.
If no declaration of custody is submitted, the mother generally has sole custody. The father can apply to the family court for the transfer of (joint) custody.
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Necessary Documents
- Proof of identification
Parents' identity card or passport
- Birth certificate of the child in which the father is registered or court order establishing paternity
Only necessary in case of declaration after birth.
- Maternity log
Only necessary in case of declaration before birth.
- Certificate of acknowledgement of paternity with the consent of the child's mother
Only necessary in case of declaration before birth.
- Proof of identification
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Competent Department
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Bremen-Nord: Social Services Centre 1 – Guardianship/Maintenance for Minors – Blumenthal, Vegesack, Burglesum Bremen-Nord: Sozialzentrum 1 – Beistandschaft/Unterhalt für Minderjährige – Blumenthal, Vegesack, Burglesum
- +49 421 361 7837
- Am Sedanplatz 7, 28757 Bremen
- beistandschaft-
S1 @afsd. bremen. de
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City of Bremen: Social Services Centre 2 – Guardianship/Maintenance for Minors Bremen-Stadt: Sozialzentrum 2 – Beistandschaft/Unterhalt für Minderjährige
- +49 421 361 16892
- +49 421 361 8301
- Utbremer Straße 90, 28217 Bremen
- Website
- beistandschaft
@afsd. bremen. de
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Online Services
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Fees / Costs
free of charge
Notaries are subject to fees in accordance with the Court and Notary Costs Act. -
Deadlines & processing time
What deadlines must be paid attention to?
The child must be a minor at the time of surrender.
How long does it take to process
The certification takes place in the appointment
An appointment is usually assigned at short notice. -
Legal Bases
- § 1626a Bürgerliches Gesetzbuch
- § 1626d Absatz 1 Bürgerliches Gesetzbuch (BGB)
- § 59 Sozialgesetzbuch (SGB) - Achtes Buch (VIII) - Kinder- und Jugendhilfe
- § 1626a of the Civil Code
- Section 1626d(1) of the German Civil Code (BGB)
- Section 59 of the Social Code (SGB) – Book Eight (VIII) – Child and Youth Welfare
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More Information
- Datenschutzinformation zur Beantragung der Beurkundung der Sorgeerklärung und zur Anerkennung der Mutter- bzw. Vaterschaft
- Informationen zum Sorgerecht auf der Internetseite "Familienportal" des Bundesministeriums für Familie, Senioren, Frauen und Jugend
- Informationen zum Sorgerecht auf der Internetseite des Bundesministeriums der Justiz (BMJ)
- Privacy notice regarding applications for the registration of a declaration of custody and for the recognition of maternity or paternity
- Information on custody on the ‘Familienportal’ website of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
- Information on custody on the website of the Federal Ministry of Justice (BMJ)
This page has been automatically translated by DeepL. We cannot guarantee that the translation is correct.
The official information in German is complete and correct.
Updated on 12.09.2026