939 views
My question is I'm currently holding an Italian resident permit and my girlfriend is pregnant but she's refusing to share the custody with me.whats my right and how am i gonna proceed with this case.I d like to stay and work in Germany permanently to take care of my child.What process shall i follow to get the 50 percent of the custody?
asked Oct 9, 2024 in Legal advice by Musty1999 | 939 views

Please log in or register to answer this question.

1 Answer

0 votes

Dear @Musty1999,

Welcome to the Wefugees Community and thank you for reaching out to us.

I am sorry to hear about your struggles. I am not a lawyer neither a family law expert. But I found a website which gives helpful information on this (translated from German via Google translate). It says:

"If the mother, who has sole custody, refuses to declare joint custody, the father can apply to the family court for him to have custody alongside the mother. In the past, the mother's consent was always required for this co-care. This is no longer the case since the custody reform in 2013. The court decides in favor of the father if it does not harm the child. If parents are unsure how to decide on the issue of custody, the youth welfare office will advise them. This is especially useful after a separation. The parents often continue to share custody. Or one parent takes custody of one of the children.

If the parents separate, contact must be regulated independently of custody. The main thing that is clarified is how much time the child spends with the parent with whom they no longer live in the same household. Such agreements can be difficult if a partnership did not break up harmoniously. In cases of dispute, the youth welfare office can mediate. It is not uncommon for disputes over contact to end up in the family court. The focus of the access regulations is expressly on the well-being of the child. That has a right to see the separated parent. This parent - usually the father - in turn has the right and obligation to meet the offspring regularly. Access rights exist regardless of whether there is joint or separate custody. The biological father has a right to contact with the child, even if he is not the legal father, for example because the mother married another man during the pregnancy and he recognized the child as his. Grandparents can also have access rights."

I hope this helps and all the best,

Meike

answered Oct 10, 2024 by Meike
Hallo Mieke.

l have a similar question. How then will a father contest to court to have shared custody if he shows no interest on the child. He pays Unterhalt but he does not want to bond not see the child but want to share custody. Am l being stubborn to not want to share because of such reasons. l am ready to go to court with him & already the court knows from day one he doesn't have interest to see the child..
Lastly what advantage does he get from sharing custody when he has no bond with the child since birth?
Thank you
mbeon App

Confidential one-on-one consultations via App

For confidential one-on-one consultations in a secure virtual space, we work with mbeon. You can download the mbeon app free of charge from the App Store or Google Play Store and have private conversations with mbeon consultants there:

Link for iPhone
Link for Android

Welcome to Wefugees, where you can ask questions and receive answers from other members of the community.
5,501 questions
6,534 answers
8,355 comments
139,641 users