Guardianship

A guardian is appointed by the court for a minor child,

• if both parents cannot or do not want to take sufficient care of your child's affairs. In this case, parental care is withdrawn from the parents.
• if both custodial parents die or, if only one parent has custody, if that parent dies.
• if the exercise of parental care is suspended due to an actual impediment, such as serious illness or absence.
• if it cannot be determined who the parents of a child are.

A specific person, an association or the local youth welfare office can be appointed guardian.
The youth welfare office automatically becomes guardian when a minor unmarried mother has a child. This does not apply if the child's father is of age, paternity is established before the birth and the parents have made a declaration of joint parental care. This guardianship ends as soon as the mother comes of age. In addition to this guardianship "by operation of law", there are supplementary regulations on when the guardianship does not take effect or in which cases it also takes effect. Information on this can be obtained from the Youth Welfare Office.

Furthermore, the Youth Welfare Office automatically becomes guardian if one parent consents to the adoption of the child (adoption).

Duties of the guardian:
The guardian has the right and duty to care for the person and property of the child and to represent him or her in all legal matters.

For example, he or she submits applications to the authorities, files lawsuits, gives consent for operations and manages the child's assets. The guardian also decides where the child lives and which school it attends.

Instead of guardianship, guardianship is also possible. A guardianship only covers some areas of parental care, e.g. right of residence and health care.