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Assistance from the youth welfare office; application
At the written request of a parent, the Youth Welfare Office will assist the child in establishing paternity, asserting maintenance claims and disposing of these claims.
Responsible for you
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Procedure details
Description
If one parent needs support in enforcing the child's claims against the other parent, the parent who has sole parental custody or with whom the child lives can apply for guardianship from the youth welfare office. The guardianship takes effect immediately upon application. No further court or official decision is required. The youth welfare office becomes the legal representative of the child in the areas of responsibility applied for. This can be "establishment of paternity" and/or "assertion of maintenance claims" as well as "disposal of these claims".
The guardianship does not restrict parental custody. Both the youth welfare office and the parent authorized to file an application are entitled to represent the child. Only if the youth welfare office represents the child in court proceedings is representation by the parent excluded.
The guardian is therefore not subject to the instructions of the parent concerned. However, he or she should strive for the greatest possible agreement with this parent. Finally, the guardianship can be terminated at any time by a written declaration from the parent who applied for the guardianship. Otherwise, the guardianship ends when the child reaches the age of majority or when the child moves abroad, or when the tasks of the guardian have been completed.
Requirements
A parent who has sole parental custody or with whom the child lives needs support in enforcing the child's claims against the other parent.
Proceedings
The guardianship must be applied for at the youth welfare office responsible for the place of residence.
Fees
The guardianship is free of charge for the child or the parent authorized to apply.
Special notes
In Bavaria, state law allows guardianship associations to act as guardians instead of youth welfare offices with the consent of the parent.
Legal bases
Related issues
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Children and young people; taken into care by the youth welfare office
Is the welfare of a child or young person at risk? If you have any indications of this, you can contact the responsible youth welfare office.
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Personal care; advice and support in the exercise of
Single parents are entitled to advice and support in exercising personal care.
Status: 21.08.2024
Editorial responsibility Bayerisches Staatsministerium der Justiz
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