Apply for a custody order
Application to the family court for the transfer, restriction, or termination of parental custody.
How to proceed
- 1
Counseling at the Department of Children and Family Services
Seeking voluntary legal advice can make the process easier and is often expected by the court.
- 2
File a petition with the family court
In writing, with legal assistance if necessary.
- 3
Hearing and Decision
The court hears testimony from the parents, the child (once they reach a certain age), and the child welfare agency.
Responsible authority
The authority of your main place of residence is responsible.Find authority →
Fees
Varies by case
Processing time
approx. 4 months
Official: max. approx. 3 months
Online application
In person or by post
Common mistakes
- • Application submitted to the Youth Welfare Office without prior consultation
- • No statement regarding the child's best interests is included
Common reasons for rejection
- • The best interests of the child argue against the proposed arrangement
- • Failure to consult the other parent or child
The essentials before applying
Who is eligible?
Parents who wish to establish joint or sole custody, as well as child welfare agencies in cases where a child’s well-being is at risk.
Income limit
The limit varies by household and region – see the table at the responsible authority or in the application assistant.
Processing time
Nationwide: approx. approx. 4 months
Success rate
approx. 55.0 % (estimate)
Most common mistakes
- •Application submitted to the Youth Welfare Office without prior consultation
- •No statement regarding the child's best interests is included
Common reasons for rejection
- •The best interests of the child argue against the proposed arrangement
- •Failure to consult the other parent or child
Alternatives
- Check related services in the application assistant
- Use social counselling before applying
If rejected
Read the decision carefully: often submitting missing documents or reapplying helps more than an objection.