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German Law/custody for married couples in Germany


Hello Moser. I need your clearly advice on our situation. We are marry living in germany wife she is germany citizen am from kenya i want to know if our marriage give me automatical right on five months daughter or i and my wife has to sign costody right. I heard that marriage couples dont need to sign whiles you are married you have right. Both couples has the right on the on the baby.

Hello Dan,

you are absolutely right: Married couples in Germany automatically have shared custody. This also remains the case if you separate or divorce, until the court would make a decision about transferring custody to one parent only.

For more about child custody law in Germany:

Andreas Moser

German Law

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Andreas Moser


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.


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.


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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