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First: The legal situation after divorce
In Germany, a divorce does not automatically change the type of custody (Sorgerecht).
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If both parents held joint custody (gemeinsames Sorgerecht) before the divorce (which is the most common case), they usually keep this joint custody after the divorce as well.
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Only if a formal application is filed with the family court (Familiengericht) can custody be changed or adjusted.
What types of custody changes are possible?
| Situation | What does it mean? |
|---|---|
| Continuation of joint custody | Both parents continue to make the important decisions together, even after the divorce. |
| Granting sole custody (alleiniges Sorgerecht) | Only one parent has the right to decide in all essential matters. |
| Partial transfer, e.g. Aufenthaltsbestimmungsrecht | Overall custody remains joint, but the right to determine the child’s place of residence lies with one parent only. |
How can a change of custody be requested?
A change of custody must be requested formally from the family court (Familiengericht). Usual steps:
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Consult a family law attorney
This is not always legally required, but it is very helpful in conflict situations. -
Submit a formal application (Antrag auf Übertragung des Sorgerechts)
In this application, the parent explains why he or she is requesting sole custody or a partial transfer (e.g. the right to determine the place of residence). -
Court hearing (Anhörung)
The court hears both parents and often asks the Youth Welfare Office (Jugendamt) for an opinion. -
Assessment of the child’s best interests (Kindeswohl)
The child’s best interests are the decisive standard – not only the wishes of the parents.
When will the court agree to change custody?
Custody is transferred to just one parent only if:
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it is proven that cooperation between the parents is practically impossible,
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one parent constantly blocks or obstructs joint decisions,
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there is a psychological or physical risk for the child with one parent,
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the child itself – depending on age – expresses a clear and stable wish.
Is the child’s opinion heard?
Yes.
From around 3–4 years of age, children can already be heard in a child-appropriate way; especially from 6–7 years upwards, their opinion is taken very seriously.
The child is usually interviewed by a specialist at the Jugendamt or directly in court – in a safe and child-friendly setting.
Difference between Sorgerecht and Umgangsrecht after divorce
| Right | Meaning |
|---|---|
| Sorgerecht (custody) | Who makes the key educational, medical and legal decisions for the child? |
| Umgangsrecht (contact/right of access) | The right of the parent who does not have the child living with them most of the time to have contact, visits and communication with the child. |
Important:
A change of custody does not automatically mean that the other parent loses contact rights.
Even if a parent loses custody, Umgangsrecht usually continues to exist and is only restricted or withdrawn in serious cases.
Can parents agree amicably?
Yes – and it is often the best solution.
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The parents can amicably agree which parent primarily cares for the child, while joint custody remains in place.
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It is highly recommended to put this agreement in writing or to document it via the Jugendamt, to avoid future disputes.
Practical tips
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Always be ready to show that your first priority is the child’s best interests.
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Stay calm and cooperative and work together with the Jugendamt – the court strongly relies on their assessment.
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Do not use the child as a tool in the conflict – this almost always has a negative impact on your position.
Summary overview
| Situation | What to do |
|---|---|
| You want full custody after the divorce | File a formal application with the family court. |
| You only want the child’s residence to be with you | Apply for the Aufenthaltsbestimmungsrecht (right to determine the place of residence). |
| You both agree on arrangements | Put the agreement in writing and/or document it with the Jugendamt. |
The editorial team of this website strives to provide accurate information based on thorough research and multiple sources. However, errors may occur or some information may be incomplete or not fully confirmed. Please regard the information in this article as an initial point of reference and always contact the responsible authorities and professional bodies for binding and up-to-date advice.
