Sorgerechts

Sorgerechts, in German law often referred to as elterliche Sorge, denotes the legal authority and responsibility of parents or guardians to make decisions for a minor child. It covers personal decisions about the child’s upbringing, care and development, as well as the representation of the child in legal matters and, in some systems, aspects of financial management for the child.

In the German Civil Code, the Sorgerecht is divided into two components: Personensorge (care for the person, including upbringing, education, health, and place of residence) and Vermögenssorge (management of the child’s assets and financial matters). The legal framework aims to ensure the child’s welfare and protection, with decisions typically guided by the best interests of the child.

Who holds the Sorgerecht varies. If the parents are married, they generally share joint custody. If parents are not married, the mother has sole custody by default, while the father can obtain joint custody through agreement or court order. After separation or divorce, courts frequently favor joint custody when it serves the child’s best interests, but sole custody may be granted to one parent if the other is deemed unfit or if circumstances require it. Parties may also reach a custody agreement, sometimes formalized as a Sorgeerklärung, to specify arrangements.

Procedural avenues include family court decisions or administrative measures, and agencies such as youth welfare offices can become involved to safeguard the child’s welfare during disputes or emergencies. Cross-border custody issues may invoke international conventions and recognition rules for the enforceability of custody decisions.

Sorgerecht interacts with related rights, such as visitation (Umgangsrecht) and child support, and remains a central element of family law designed to protect the well-being and future of the child.