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Rechtsanwälte & Notar Kasten, Westphäling, Kasten

Tellingstedt, Germany

English
Rechtsanwälte & Notar Kasten, Westphäling, Kasten is a well-established law firm in Germany, offering comprehensive legal services in the areas of employment law, family law, and general practice. With decades of collective experience, the firm’s attorneys and notaries are recognized for their...
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About Father's Rights Law in Tellingstedt, Germany

Father’s Rights refer to the legal entitlements and responsibilities fathers have regarding their children, especially in matters of custody, visitation (Umgangsrecht), parental authority (elterliche Sorge), and child support (Kindesunterhalt). In Tellingstedt, Germany, these rights and duties are governed by German federal law but are applied at the local level through courts (Familiengerichte) and youth welfare offices (Jugendamt). The law promotes the child’s welfare above all, aiming for both parents to maintain strong relationships with their children, whether or not they are married or living together.

Why You May Need a Lawyer

Many fathers in Tellingstedt, Germany consider legal advice for several reasons, including:

  • Seeking or defending parental custody (Sorgerecht), especially after separation or divorce
  • Arranging or challenging visitation rights
  • Matters of child support calculation, enforcement, or dispute
  • Establishing paternity (Vaterschaftsanerkennung oder -anfechtung)
  • Relocation or changes in the child’s place of residence
  • Concerns over child welfare, neglect, or safety
  • Questions regarding shared parental authority and major child-related decisions

A lawyer can help you navigate complex procedures, represent your interests in negotiations or court proceedings, and ensure your rights and your child's best interests are protected.

Local Laws Overview

Tellingstedt falls under the jurisdiction of Schleswig-Holstein and German national law, mainly the Bürgerliches Gesetzbuch (BGB; Civil Code). Key aspects relevant to fathers include:

  • Parental Custody (Elterliche Sorge): Generally, both parents share custody, regardless of marital status, if paternity is acknowledged. If disputed, the family court decides on what serves the child’s best interest.
  • Visitation Rights (Umgangsrecht): The child has a right to contact with both parents. Fathers can apply to the court to arrange or modify visitation schedules.
  • Child Support (Kindesunterhalt): Non-custodial parents are legally obligated to pay child support, calculated via the “Düsseldorfer Tabelle”.
  • Paternity: Unmarried fathers must acknowledge paternity and, if necessary, can seek a court determination to establish their rights.
  • Role of the Jugendamt: The youth welfare office acts as an advisor and mediator for parents and can assist in custody and visitation matters.

Frequently Asked Questions

What are my rights as a father if I am not married to the mother?

Unmarried fathers have the right to joint custody if both parents make a declaration of joint custody at the Jugendamt. Otherwise, the mother initially holds sole custody, but the father can apply for joint custody through the family court.

Can I get shared custody even if the mother disagrees?

Yes, you may apply for joint custody at the family court. The court will decide based on the child’s best interests. Courts increasingly support shared custody unless there are significant reasons against it.

How do I establish paternity?

You can voluntarily acknowledge paternity at the local registry office (Standesamt) or at the Jugendamt. If the mother does not agree, you can apply to the family court for a paternity test and legal recognition.

How is child support determined?

Child support is usually calculated based on the Düsseldorfer Tabelle, which considers the non-custodial parent’s income and the child’s age. The local Jugendamt can assist with calculations and enforcing payments.

Can the mother move away with my child without my consent?

If you share custody, both parents must agree on the child’s place of residence. If one parent wants to move far away, potentially affecting parental contact, court approval might be needed if parents do not agree.

What can I do if I am denied visitation?

You can contact the Jugendamt as a first step for mediation. If that fails, you can apply to the family court to establish or enforce your visitation rights.

What is the role of the Jugendamt?

The Jugendamt advises parents on custody and visitation, offers mediation, and can represent the child’s interests in family court. It also helps with paternity acknowledgment and child support issues.

Am I entitled to information about my child if I do not have custody?

Yes. Under German law, even non-custodial parents have the right to be informed about important matters in their child’s life, such as health, schooling, and development.

What is the procedure if I want to challenge custody or visitation arrangements?

You usually need to apply to the family court. Beforeward, mediation via the Jugendamt is often recommended or required. The court may involve experts to evaluate the family situation.

Can I be required to pay for legal costs?

Yes, but if you have insufficient income, you can apply for legal aid (Prozesskostenhilfe) to cover or reduce your legal expenses. Your lawyer or the court can provide information on this process.

Additional Resources

For more information or assistance regarding Father’s Rights in Tellingstedt, Germany, consider contacting the following institutions:

  • Jugendamt (Youth Welfare Office) Tellingstedt: For mediation, paternity acknowledgment, and parental advice
  • Familiengericht (Family Court) Tellingstedt/Dithmarschen: For legal decisions on custody, visitation, and support
  • Local lawyers specializing in family law: For professional legal advice and representation
  • Schleswig-Holstein Legal Aid Service: For assistance if you cannot afford a lawyer
  • Väteraufbruch für Kinder e.V.: German association supporting fathers’ rights

Next Steps

If you are considering legal action or have concerns regarding Father’s Rights in Tellingstedt, Germany, the following steps are recommended:

  • Document all relevant information and communication regarding your case
  • Contact the local Jugendamt for free initial advice or mediation
  • Consult with a qualified family law lawyer experienced in Father’s Rights
  • Check if you qualify for legal aid to help with costs
  • If necessary, initiate proceedings at the family court in Tellingstedt/Dithmarschen
  • Stay informed about your and your child's rights throughout the process

Act promptly, as legal deadlines may apply in certain cases. Professional advice can greatly improve your chances of achieving a fair outcome for both you and your child.

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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.