Best Child Custody Lawyers in Lübeck

About Child Custody Law in Lübeck, Germany

Child custody ("Sorgerecht") in Lübeck is governed by the German Civil Code (Bürgerliches Gesetzbuch, BGB) and applies uniformly throughout Germany. However, local family courts ("Familiengerichte") in Lübeck administer these laws for cases involving children residing or registered in the city. Child custody law regulates the rights and duties of parents towards their children, focusing primarily on the child’s well-being. This encompasses decisions about where the child lives, their education, health care, and general upbringing. In most cases, both parents maintain joint custody after separation or divorce unless a court determines another arrangement is in the child’s best interests.

Why You May Need a Lawyer

Child custody matters often involve complex emotional and legal issues. Here are some common situations where seeking legal help is beneficial:

• During divorce or separation, particularly if parents disagree about custody arrangements.
• If you or your co-parent wish to change existing custody or visitation agreements.
• Concerns about child welfare arise, such as neglect, abuse, or abduction risk.
• You wish to relocate with the child and the other parent objects.
• There are issues involving international elements, like one parent living abroad.
• Disagreements over important topics such as schooling, medical care, or religious upbringing.
• If Jugendamt (Youth Welfare Office) involvement occurs.

Local Laws Overview

Key aspects of child custody law in Lübeck include:

• Parental Authority: The law favors joint custody. Sole custody is granted only when it serves the best interests of the child.
• Best Interests of the Child: Courts prioritize the child’s physical and emotional well-being in all decisions.
• Visitation Rights: The non-custodial parent typically retains visitation (“Umgangsrecht”) unless there is a serious risk to the child.
• Involvement of Jugendamt: The Youth Welfare Office provides support, mediates between parents, and can offer statements to the court.
• Procedural Aspects: Child custody cases are heard in the local family court. In urgent situations, courts may impose temporary arrangements through interim measures.
• Parental Agreement: Courts generally respect agreements between parents unless these are clearly contrary to the child’s interests.
• Modification of Arrangements: Existing custody orders can be changed if circumstances change or if it benefits the child.

Frequently Asked Questions

What is the difference between custody ("Sorgerecht") and care ("Aufenthaltsbestimmungsrecht")?

Custody refers to the overall parental authority for decision-making, while "Aufenthaltsbestimmungsrecht" is the right to decide where the child lives. Often both are handled together, but in some cases, they might be separated.

Do both parents always keep joint custody after a divorce?

Yes, joint custody is the default after a divorce, unless there are serious reasons (e.g. endangerment of the child) for awarding sole custody to one parent.

What are the chances of obtaining sole custody?

Sole custody is granted only when joint custody poses a risk to the child or if one parent is unable or unwilling to care for the child. Courts require substantial proof.

Can a child choose which parent to live with?

Children's wishes are considered, especially as they get older (typically from age 14), but the court ultimately decides based on the child's welfare.

How is child custody decided by the court?

The court considers the child’s best interests, including stability, the parent's ability to care, the child's attachments, and sometimes the Youth Welfare Office’s recommendations.

What role does the Jugendamt play in custody cases?

Jugendamt provides counseling, mediation, and supports families. In court, they may be asked to give recommendations regarding the child's welfare.

Are grandparents or other relatives entitled to visitation?

Yes, under certain circumstances, extended family members may apply for visitation rights if it's deemed to benefit the child.

What should I do if the other parent violates the custody arrangement?

You can contact your lawyer and the Jugendamt. Ultimately, the family court can enforce or modify arrangements if violations persist.

Can custody arrangements be changed?

Yes, if circumstances change significantly, you or your lawyer can apply to the court for a change in custody arrangements.

How long does a custody case take in Lübeck?

Duration varies, depending on case complexity and court workload—simple cases may take a few months, while contentious cases can be longer.

Additional Resources

If you need more information or support, consider contacting:

• Jugendamt Lübeck: Local Youth Welfare Office offering advice, mediation, and support in custody matters.
• Familiengericht Lübeck: The Family Court handles all legal proceedings related to child custody.
• Anwaltverein Lübeck (Lübeck Bar Association): Provides contacts for experienced family law attorneys in the area.
• Kinderschutzbund Lübeck: The Child Protection Association offers counseling and support for children and parents.
• Caritas and Diakonie: Local charity organizations providing family counseling and mediation services.

Next Steps

If you think you need legal help regarding child custody in Lübeck, consider the following steps:

• Contact your local Jugendamt for initial advice and support.
• Gather all relevant documents (birth certificates, prior agreements or court orders, correspondence regarding custody, etc.).
• Consult with a family lawyer experienced in child custody. Many offer initial consultations.
• If urgent intervention is needed (e.g., risk to the child), request an expedited court hearing through your lawyer.
• Seek mediation services if you believe an amicable agreement with the other parent is possible.
• Prepare to attend court hearings and cooperate with court-appointed experts or representatives.