Guardianship

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This page was translated from German using artificial intelligence. The translation may contain errors or inaccuracies. In case of doubt, the German original version prevails.

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A guardianship or custody is ordered by the family court when parents are prevented from exercising parental custody due to factual or legal reasons.

As part of guardianship or custody, the guardian/custodian assumes legal representation of the young person and advocates for the child's or adolescent's interests. Important decisions are made together with the young person.

1. Legal guardianship

With the birth of a child to a minor mother, the youth welfare office becomes the guardian by law without a decision by the family court. The minor mother shares, along with the guardian, the personal care of her child, but not legal representation.

Responsibilities of legal guardianship include establishing paternity and asserting maintenance claims. Additionally, the guardian and the mother make all important decisions concerning the child together.

Legal guardianship ends when the mother reaches the age of majority.

2. Appointed guardianship or custody

If parents are temporarily or permanently unable to exercise parental custody, children or adolescents require a guardian or custodian. In such cases, the family court assigns another person to fully or partially exercise custody for the minor child. Guardianship or custody is ordered.

A guardian is the legal representative of the child or adolescent and has the right and duty to maintain contact with their wards and ensures:

the involvement of the young person
school education
legal representation
appropriate accommodation
medical care
cooperation with family courts and other youth welfare actors for the benefit of the young person

The custodian or supplementary custodian is responsible for the areas of responsibility assigned to them.

Guardians or custodians are appointed by the competent family court. Guardianships or custodianships last for the duration of the court appointment and/or automatically end when the adolescent reaches the age of majority.

Are you already appointed as a guardian and perform the role voluntarily or professionally? Are you interested in taking on a guardianship voluntarily? Or would you like to learn more about the topic of guardianship and volunteering?

The coordination office of the guardianship service advises, accompanies, and supports all persons who manage a guardianship/custody voluntarily or professionally.

Team leadership

Ms. Ute Wilczek

02261 88-5144

ute.wilczek@obk.de