Declaration of care in plain language

Are the parents married?

Then the parents have custody of their child.

This means:

The parents look after their child together.

And the parents make important decisions together.

For example, about:

• the choice of school
• the child's medical treatment
• the child's money

The parents are not married?

Then only the mother has custody of the child.

The father has no custody rights.

Does the father also want custody of the child?

Then the parents must make a joint declaration of custody.

The declaration of custody states:

Both parents care for the child.

Or the parents make 2 individual declarations of custody.

The mother must agree to the declaration of custody.

• When can you make the declaration of custody?
• Where can you make the declaration of custody?
• What do you need for the declaration of custody?
• Where can you get help?

The parents can make the declaration of custody before the birth.

They can also make the declaration of custody later.

But the child must not yet be 18 years old.

You must acknowledge paternity before making the declaration of custody.

You can usually do both things together very easily.

You can submit the custody declaration:

• at the youth welfare office
• at a notary or with a notary

The easiest way is via the youth welfare office.

The declaration of custody is free of charge there.

At the notary, the declaration of custody costs money.

Parents always need these documents for the declaration of custody:

• Personal ID or passport of mother and father

If you are making the declaration of custody after the birth:

• Birth certificate of the child, with the name of the father

If you are making the declaration of custody before the birth:

• Mother's passport
• Proof of paternity acknowledgment.

Both parents must appear in person.

Possibly the parents of the child are not yet 18 years old.

In this case, the legal representatives must also say yes.

Do you have questions about the custody declaration?

Then the youth welfare office in your city can help.

Don't know where the nearest youth welfare office is?

You can search online:

The website is called: www.unterstuetzung-die-ankommt.de

The website is not in plain language.


A booklet explains care law in plain language.

The Ministry of Justice has written down the most important rules on custody law.

The booklet is available on this website: www.broschuerenservice.justiz.nrw

The website is in plain language.