Divorce — key topics
Custody and Contact
For parents, the children are the most important question of a separation – and the one that brings the greatest fear: losing day-to-day life with the child. Two things need to be distinguished: custody (parental responsibility) and contact (time with the child). We seek a solution that puts your child first – as amicably as possible, and as clearly as necessary.
The Essentials at a Glance
- Joint parental custody as a rule continues after divorce.
- The child has a right to contact with both parents.
- The benchmark for every decision is the child's best interests.
- Where the child lives is governed by the right to determine residence (sole-residence or shared model).
- An amicable arrangement protects the child most.
- Moving out of the home changes nothing about custody.
Joint or Sole Custody?
As a rule, joint parental custody continues after divorce – moving out of the home changes nothing. Important decisions (school, major medical matters, place of residence) are then still taken jointly, while everyday questions are decided by the parent the child is currently with.
Sole custody – wholly or for parts – comes into question only in special cases, for example where there is a lasting inability to communicate or a risk to the child. The benchmark is always the child's best interests, not a parent's wish to "get back" at the other.
Contact Rights
The child has a right to contact with both parents, and each parent has this right – and duty – too. How contact looks in practice (weekends, holidays, overnight stays) can be arranged amicably or, if necessary, through the court. Contact may be restricted only in exceptional cases to protect the child; in conflict situations, supervised contact can be an interim step. A reliable, predictable arrangement gives everyone security – above all the child.
Where Does the Child Live?
This concerns the right to determine residence and the care model. In the classic sole-residence model, the child's main home is with one parent and the other has contact. In the shared-care model, both parents care for the child roughly equally – which requires organisation, proximity and a degree of cooperation. Which model fits depends on daily life, locations and, above all, the child; mixed forms are possible. The care model also affects maintenance.
Loslassen
Putting the child first sometimes means letting go of being right – and trusting a calmer, shared path.
The Child's Best Interests
All decisions are guided by the child's best interests: bonds, continuity, the child's wishes (depending on age), support from both parents and protection from conflict. Courts and youth welfare offices place value on parents finding a workable solution; often advice or mediation helps more than a bitter dispute. We keep this goal in view – even when we represent your position firmly.
Cross-Border Cases
Where the question crosses borders – for example because one parent wishes to move abroad – additional rules apply, and speed can matter.
What to Watch For
The most important thing first: do not make your child a bargaining chip. Courts and youth welfare offices look very closely at who enables the child's contact with the other parent – a parent who blocks contact without reason often harms their own position. Document calmly and factually how care has been shared so far; this helps with the residence question. Make binding, predictable arrangements for weekends, holidays and handovers – reliability gives the child security above all. And consider whether advice or mediation helps before a long dispute begins. Only where the child's welfare is at risk is swift, decisive action called for.
How We Support You
We first listen and clarify your goals and concerns. We then show you realistic paths – from the care model to the contact arrangement – and seek, where possible, the amicable solution that burdens your child least. We also think the maintenance through at the same time, because the care model affects it. Where agreement fails or the child's welfare is at risk, we represent your rights decisively before the family court – always keeping your child's well-being at the centre.
Frequently Asked Questions
Do I lose custody if I move out?
No. Moving out alone does not change joint custody.
Who decides where the child lives?
The right to determine residence – ideally by agreement, otherwise by the family court, guided by the child's best interests.
What is the shared-care model?
Roughly equal care by both parents. It requires organisation, proximity and a degree of cooperation.
Can the other parent deny me contact?
Only in exceptional cases to protect the child. In principle the child has a right to both parents.
Is the child heard?
Depending on age and maturity, the court takes the child's wishes into account; often the child is heard in person.
How does the care model affect maintenance?
Strongly. In the sole-residence model the non-resident parent pays cash support; the shared-care model follows special rules.
Can we arrange custody and contact ourselves?
Yes, an amicable parental agreement is possible and usually the best solution – we help make it workable.
What about an acute risk to the child?
Then swift court steps are possible. Contact us immediately.
Can arrangements be changed later?
Yes. Arrangements can be adjusted where the child's best interests require it.
Does the child's wish decide everything?
It is taken into account depending on age and maturity, but it is one factor among several – the benchmark remains the child's overall best interests.
Can we use mediation instead of going to court?
Often, yes. A mediated or amicable arrangement is usually gentler for the child, and we are glad to support that route where it fits.
Your next step
Tell us about your situation
We listen, make sense of it and show you your options — confidential and on equal terms. Your enquiry is free and without obligation.