Best Family Lawyers in Schwandorf in Bayern
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
List of the best lawyers in Schwandorf in Bayern, Germany
Germany Family Legal Questions answered by Lawyers
Browse our 1 legal question about Family in Germany and the lawyer answers, or ask your own questions for free.
- Threats to life by Wife
- Hello:Presuming this is within Philippine jurisdiction, threats to life are taken seriously under the Revised Penal Code, particularly Article 282 on grave threats. If your wife is threatening to poison or kill you, this constitutes a criminal act which can be reported and filed as a complaint directly with the Prosecutor’s Office if the police did not act.As to urgently getting her out of your rented apartment, a.) you may apply for a Barangay Protection Order (BPO) or a Temporary/Permanent Protection Order (TPO/PPO) under Republic Act 9262 or the Anti-Violence Against Women and Their Children Act, since the law covers not just women but also allows men to seek protection where their safety and security is at risk inside the household, b.) you may initiate a Petition for Protection Order before the Family Court which can order her removal from the residence and restrain her from harassing or threatening you, c.) you may also write a formal demand to your landlord citing security reasons and request that your wife be excluded from the leasehold if you are the principal lessee.It is important that you secure evidence of the threats such as text messages, recordings, or testimonies of neighbors and family members, as these will strengthen your petition. Immediate legal action is the best remedy since inaction by the police does not bar you from going directly to the prosecutor or the court.
About Family Law in Schwandorf in Bayern, Germany
Family law in Schwandorf, which is part of the state of Bayern (Bavaria) in Germany, covers the legal relationships within families, including rights and responsibilities between spouses, registered partners, parents, and children. Typical areas include marriage and partnership, separation and divorce, parental custody and visitation rights, maintenance (alimony and child support), and division of marital property. The courts in Schwandorf apply the German Civil Code (Bürgerliches Gesetzbuch, BGB) and associated family law statutes, while taking into account local procedures and services available in the Schwandorf district.
Why You May Need a Lawyer
While some family matters can be handled informally, involving a lawyer is highly recommended for most family law situations. Common reasons include:
- Seeking a divorce or legal separation
- Disagreements over child custody, visitation, or parental authority
- Calculating and obtaining child or spousal maintenance
- Dividing property and debts after separation
- Adoption or issues of parentage
- Domestic violence or protection orders
- Drafting or challenging prenuptial and postnuptial agreements
- International family law disputes such as child abduction or cross-border custody
A lawyer guides you through legal processes, represents you in court, protects your rights, and ensures that your interests are properly presented.
Local Laws Overview
Family law in Schwandorf is governed by national legislation including the German Civil Code, the Family Court Law, and specific statutes such as the Maintenance Law, the Child and Parental Custody Law, and laws regarding protection against violence. Local courts (Amtsgericht Schwandorf) handle family matters such as divorces, custody, and maintenance applications.
In Bayern, like elsewhere in Germany, compulsory mediation and conciliation may be required before certain family court processes. Local youth welfare offices (Jugendamt) play a major role in child custody and support cases. Regional cultural and social factors specific to Schwandorf and the broader Bavarian context might influence the handling of family law cases.
Frequently Asked Questions
What are the grounds for divorce in Schwandorf?
Germany follows a "breakdown of marriage" principle. Generally, married couples must be separated for at least one year before filing for divorce. If one spouse contests the divorce, the separation period may extend to three years.
How is child custody decided?
German law prioritizes the best interests of the child. Joint custody is generally favored unless there is a risk to the child's wellbeing. The court considers both parents' abilities, the child's wishes (depending on age), and input from the local Jugendamt.
What is the process for obtaining child support?
Either parent can apply for child support (Kindesunterhalt). Amounts are determined by the Düsseldorfer Tabelle, a standard guideline across Germany. The Jugendamt can help enforce support obligations.
Can I handle my own divorce without a lawyer?
While you may represent yourself in simple cases, at least one party must have a lawyer for the divorce to proceed in family court. Legal advice is strongly recommended especially if children, property, or maintenance are involved.
How is marital property divided?
Germany follows the "community of accrued gains" principle. Each spouse keeps what they brought into the marriage, and only gains made during marriage are split in case of divorce, unless a marriage contract stipulates otherwise.
What should I do if my spouse is violent?
You can seek immediate help from the police and apply to the local court in Schwandorf for a protection order under the German Protection Against Violence Act (Gewaltschutzgesetz). Social services and counseling are also available locally.
How do I involve the Jugendamt in custody disputes?
The Jugendamt is automatically informed in custody disputes involving children. They will conduct interviews, make recommendations, and act as an independent advocate for your child's welfare in court proceedings.
How does adoption work in Schwandorf?
Adoptions are processed through the local family court and involve several steps, including suitability assessments, home studies, and court approval. Both the Jugendamt and adoption agencies are involved in the process.
What are my rights as a non-married parent?
Unmarried parents have similar parental authority and maintenance rights as married couples, but some steps such as establishing legal paternity may be necessary. The Jugendamt can provide assistance with acknowledgments and custody arrangements.
Can I change the terms of custody or maintenance after a court decision?
Yes, both custody and maintenance orders can be changed if circumstances have significantly changed. You will need to file an application with the family court and provide evidence for the requested modification.
Additional Resources
Several local and national bodies provide assistance and information regarding family law matters in Schwandorf. Useful resources include:
- Jugendamt Schwandorf - Local youth welfare office for child-related matters
- Amtsgericht Schwandorf - The district court handling family cases
- Bayerisches Landesjugendamt - Bavarian State Youth Welfare Office
- Sozialdienst katholischer Frauen Schwandorf - Support for women and families in crisis
- Caritas Bayern - Counseling for families, children, and victims of violence
- Local legal aid services (Beratungshilfe) for people with limited financial means
Next Steps
If you need legal assistance with a family law matter in Schwandorf, begin by gathering all relevant documents such as marriage certificates, birth certificates, income records, and any previous legal orders. Consider scheduling a consultation with a qualified family law attorney in Schwandorf to discuss your situation and understand your options. You may contact the local Jugendamt or counseling services for support with child-related questions. If costs are a concern, ask about eligibility for legal aid. Take notes on your situation to help your lawyer provide you with the best advice and representation possible.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.