How do I change custody

Change sole custody

Dear advice seekers,

I would like to answer your question based on your information as follows:

According to Section 1696 (1) BGB, the family court has to change its orders if this is indicated for valid reasons that have a lasting effect on the child's best interests. The legislator intended this restriction of the possibility of amendment primarily to ensure the continuity of upbringing for children. The reason for the change must therefore be of such importance for the interests of the child that it clearly outweighs the principle of continuity of upbringing and the disadvantages for the child's development associated with the change. These requirements for a change in the custody regulation also apply if this is based on an agreement between the parents. Because if the best interests of the child dictate a change in the decision, a parent proposal on which the previous decision is based can no longer develop any binding effect. % 20314 "target =" _ blank "class =" djo_link "title =" BGH, 14.10.1992 - XII ZB 150/91: Change of the order for joint custody "> FamRZ 1993, 314 , 315 & rpar ;.

The amendment of a custody regulation presupposes valid reasons which affect the child's best interests and the additional characteristic of the necessity of an amendment must be fulfilled.

In the event that the parents agree, a corresponding application can be made to the family court. The reason could then be presented accordingly.

If the parents cannot come to an agreement, your sister-in-law can submit an application to the family court, which the family court will then also review. The court can also make a custody regulation in favor of a parent against his or her will. Because that in § 1626 Abs . 1 sentence 1 BGB standardized parental custody also expressly includes the parental duty to look after the minor child, but also the legal right of the child to custody, which he is entitled to from birth and which is only after the age of 18 . Year of life expires. In the same way, the parents automatically have custody at the birth of their legitimate child, which they cannot withdraw by simply declaring that they no longer wish to exercise custody. The no longer existing will of a parent to exercise custody is therefore irrelevant in itself.

In this case, your sister-in-law must state in the application why she now wants this change and whether it is in the best interests of the child. Given the age of the children, their will must also be taken into account.

To do this, she should turn to a lawyer.

I hope to have helped you with my answer.

With best regards

Corkmaz
Lawyer