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Free Guide to Hiring a Family Lawyer
Child custody in Kitzingen is governed by German federal law, primarily the German Civil Code known as the BGB, and by procedural rules in the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction known as the FamFG. Cases are handled by the Family Court at the local District Court known as Amtsgericht Kitzingen, with support from the Youth Welfare Office known as Jugendamt at the Landratsamt Kitzingen. The guiding principle in every decision is the best interests of the child known as Kindeswohl.
Custody known as Sorgerecht generally includes the right and duty to care for the child’s person and property, to make decisions about residence known as Aufenthaltsbestimmungsrecht, health care, education, and finances. Married parents usually have joint custody. Unmarried parents can have joint custody if they file a parental custody declaration known as Sorgeerklärung or if a court grants it on application. If parents live apart, day to day decisions are made by the parent with whom the child primarily lives, while significant matters require joint decision unless a court allocates specific decision making rights to one parent.
Contact or access known as Umgangsrecht is a separate right and duty that ensures the child maintains regular personal contact with the other parent and often with close relatives if this serves the child’s welfare. The court can define, supervise, or restrict contact if necessary for the child’s protection. The court may also appoint a child’s guardian ad litem known as Verfahrensbeistand to represent the child’s interests, and can involve court appointed experts or supervised visitation services if appropriate.
You may need a lawyer if you are separating or divorcing and must clarify where your child will live, how decisions will be made, and how contact will be organized. A lawyer can help negotiate a parenting plan, draft enforceable agreements, and guide you through mediation or court. Legal help is especially important if there is conflict about relocation, international travel, school choice, medical treatment, or religion.
A lawyer is crucial if there are allegations of neglect, abuse, or substance misuse, if the Youth Welfare Office becomes formally involved, or if emergency protection or supervised contact is requested. You will also benefit from legal representation in international cases under the Hague Child Abduction Convention, when enforcing or modifying prior orders, or when one parent is non compliant with agreed contact. A local family lawyer understands court expectations in Kitzingen, how to work with the Jugendamt, how to present evidence, and how to apply for legal aid if you qualify.
Family law is federal in Germany, so the same core rules apply in Kitzingen as elsewhere. Key provisions include BGB sections on parental responsibility and contact, and FamFG rules for family court procedures. Courts prioritize the child’s welfare, encourage amicable solutions, and can direct parents to counseling or mediation. The Jugendamt provides counseling and assistance to help parents agree on custody and contact, and it submits statements to the court when asked.
The Family Court in Kitzingen can issue temporary orders on short notice if the child’s welfare requires speedy action. The court hears the child in an age appropriate way, often with support from a Verfahrensbeistand. Joint custody is the norm, but sole custody or allocation of specific decision rights can be ordered if cooperation is impossible and the child’s welfare would otherwise be at risk. Contact schedules can be regular, flexible, holiday specific, supervised, or temporarily suspended to protect the child. International elements are governed by EU regulations, the Brussels regime, and the Hague Convention, with the Federal Office of Justice acting as the central authority.
Custody known as Sorgerecht is the authority and responsibility to make major decisions for the child. Contact known as Umgangsrecht is the child’s right to maintain personal relationships with the parent they do not live with. Parents with no custody can still have contact, and parents with joint custody may still need a defined contact schedule.
Married parents have joint custody automatically. After separation or divorce, joint custody continues unless a court orders otherwise. The court can allocate certain decision areas to one parent or award sole custody if joint custody harms the child’s welfare.
The mother has sole custody at the child’s birth unless both parents file a parental custody declaration or a court grants joint custody on application by the father. Since legal reforms, joint custody can be granted even without the mother’s consent if it serves the child’s welfare.
The court considers the child’s welfare, stability, caregiving history, sibling bonds, the ability of each parent to promote the child’s relationship with the other parent, the child’s wishes based on age and maturity, and practical factors like schooling and childcare. The court may order a parenting time schedule or allocate the right to determine residence to one parent.
If you share custody, major relocation requires the other parent’s consent or a court order because it affects contact and schooling. Moving abroad almost always requires consent or court approval. Without required consent, a relocation can be blocked and may negatively affect your custody position.
If a parent repeatedly violates a court order, the court can impose fines, change the contact arrangement, order supervised contact, or in severe cases adjust custody. Keep detailed records, try to resolve issues through the Jugendamt, and seek legal advice about enforcement.
Yes, if appropriate for the child’s age and maturity. Younger children may be heard informally, often with support from a child’s representative known as Verfahrensbeistand. From about age 14 the child’s wishes carry significant weight, though the court still decides based on overall welfare.
You can seek protective measures under the Protection Against Violence Act and request emergency family court orders regarding custody and contact. The court can suspend or supervise contact, and coordinate with support services. Safety planning and prompt legal action are important.
Timelines vary with complexity. Emergency orders can be decided within days or weeks. Main proceedings often take several months, especially if expert reports are needed. Courts aim to move children’s cases quickly and will encourage interim agreements.
Costs depend on the matter’s value and the effort required. Lawyer fees follow statutory scales or a fee agreement. If you have limited means, you can apply for legal aid known as Verfahrenskostenhilfe for court proceedings and counseling aid known as Beratungshilfe for out of court advice. A lawyer can assess eligibility and handle the application.
Youth Welfare Office known as Jugendamt at the Landratsamt Kitzingen. Offers counseling, mediation support, and help creating parenting plans. You can contact the office during public service hours or by phone through the Landratsamt switchboard.
Family Court known as Familiengericht at the Amtsgericht Kitzingen. Handles custody, residence, and contact proceedings, including temporary orders and enforcement. Court staff can provide procedural information but not legal advice.
Federal Office of Justice known as Bundesamt für Justiz. Central authority for international child abduction and cross border contact matters under the Hague Convention. Provides guidance on applications for return and access.
Bavarian Justice Information Services via the Bavarian State Ministry of Justice. Public information about family court procedures and forms commonly used in Bavaria.
Family counseling services in the region such as Caritas, Diakonie, pro familia, and the local public educational and family counseling service. These services can support parents with conflict resolution, parenting plans, and child focused communication.
Child protection and victim support organizations such as Deutscher Kinderschutzbund and counseling centers for victims of violence. They can help with safety planning and referrals.
Clarify your goals and concerns. Note where the child lives now, current routines, and what is working or not. Write down practical proposals for residence, contact, holidays, and decision areas such as schooling and medical care.
Engage the Jugendamt early. Request a counseling appointment to explore an agreement. A written parenting plan reached with assistance is often faster and less stressful than litigation.
Consult a family lawyer in Kitzingen. Look for a specialist in family law. Bring key documents such as birth certificates, existing court orders or agreements, relevant communications, school or daycare information, medical records that affect care, and a timeline of important events.
Consider mediation. If communication is possible, mediation can help you craft a detailed and child focused plan. Courts in Kitzingen often look favorably on parents who try constructive solutions.
Seek urgent protection if needed. If there is an immediate risk to the child or to you, speak to the police, a victim support service, or a lawyer about emergency orders and safe contact arrangements.
Address finances separately. Child support is handled under separate rules. Resolving support and custody in parallel can reduce conflict but do not withhold contact because of payment disputes.
Plan for court if agreement is not possible. Your lawyer will prepare applications, evidence, and propose interim measures. Be ready to cooperate with the Jugendamt, attend hearings, and follow court directions. Keep interactions child focused and document compliance with orders.
Important note. This guide provides general information, not legal advice. For decisions about your situation in Kitzingen, consult a qualified family lawyer.
