Guardianships / supplementary guardianships

(Official) guardianship / guardianship

If parents are no longer able or allowed to represent the interests of their children, the children are assigned a guardian/caretaker to ensure their legal representation. Guardianships/custodianships are determined by the family court in accordance with Section 1791b of the German Civil Code (BGB). A suitable private person, a guardianship association or a professional guardian can also be appointed as a guardian/carer.

A guardian is also appointed for unaccompanied minor foreigners who enter Germany without a custodial parent in order to ensure legal representation.

Appointed official guardianship / guardianship

If there is no suitable individual guardian/carer available within the family, the youth welfare office is appointed as guardian. This is referred to as appointed official guardianship / official guardianship.

Legal official guardianship/custody

In the case of underage mothers, official guardianship is provided for by law in accordance with § 1791c BGB. The mother exercises personal care for the child together with the official guardian. She has actual custody of the child. The mother therefore has the right and duty to care for, raise and supervise the child and determine its whereabouts.

The official guardian is responsible for matters of legal representation. He or she acts exclusively on behalf of the child. However, the minor mother is involved in all processes.

The youth welfare office assigns the guardian's duties to individual employees. The guardian represents their ward on their own responsibility and is only obliged to make decisions in the best interests of the child and in compliance with legal requirements.