Assistance from the youth welfare office; application

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".

Parental custody is not restricted by the guardianship. 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.

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.

The guardianship must be applied for at the youth welfare office responsible for the place of residence.

In Bavaria, independent youth welfare organizations (e.g. youth welfare associations) can also manage guardianships instead of the youth welfare offices due to state regulations.