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German Law/Re shared custody in Germany

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Question
I'm really hoping you can help a little. I have been with my partner for 3 years now. He and his ex both lived in Germany and had a child, however, the marriage ended and my partner decided to move back home to England. His ex told him he had to give up his right to shared parental response ability to their child has he wasn't able to give hospital consent, so she handed him a piece of paper to declare this and he signed it, it wasn't a court order or anything just a plain piece of paper, he never attended court and has tried since to be a good father dispute his exes approval. My question is does that mean he has lost his shared custody of the child now? Would he be able to apply to have vist right when he comes over to vist her, has his ex wants him to stay at her home while he vists.
Thank you
Katie"

Answer
Hello Katie,

child custody can only be transferred or modified by a court order in Germany.
Whatever the paper was that your partner signed, he did not lose his custody rights with it. (Maybe it was a power of attorney, which would make some sense.)

For more about German child custody law: http://moser-law.com/faq.htm#custody

Of course he has full visitation and contact rights. These rights include him being able to spend time with his child alone and, once regular contact has been established, even the child visiting the father in the UK.

Andreas Moser
http://andreasmoser.wordpress.com/category/law/german-law-law/

German Law

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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