Parental custody regulates the rights and duties of parents to provide for the personal welfare of a common child and to legally represent it. Custody includes personal care, property care and power of representation as well as all other matters concerning the child, such as care, upbringing, supervision, residence, care and protection. The law states that parental care is the responsibility of the child’s parents. The custody of the child ends when the child comes of age.

The right of access is different than parental custody. Right of access is especially important after a separation or divorce of the parents. In principle, the child is entitled to have contact with each parent. In the same way, each parent is obliged and entitled to have contact with the child. The right of access should therefore regulate the right to spend time together, to see each other regularly, to travel or to plan other activities. This also includes postal or telephone contacts. In addition, the other parent is also entitled to information about the child’s personal circumstances or school matters. All factors are to be decided with the child’s welfare and the individual situation in mind.

After a separation or divorce, the right of access to the common child as well as which parent has custody is often in dispute, especially if no agreement can be reached between the parents on the regulation of these rights. In principle, both parents can keep the parental custody after a separation or divorce, just like they functioned while together. However, sole custody in favor of one parent can be requested at any time. Contact with both parents will be settled in court if an out-of-court settlement could not be reached. If one parent lives very far away from the child’s usual place of residence or abroad, right of contact can be arranged must be settled upon for each individual case.

We offer you our extensive support in coping with any and all questions pertaining to your your new situation and we will find the best possible solution for you and your child.