German legislation in the Civil Code indicates that child care should be granted taking into account the principle of absolute observance of the child’s best interests. Issues of supporting the child, attachment to parents, and the principle of continuity should also be taken into account. The awarding of child custody to mothers has been found by the case law of the Federal Constitutional Court to be inconsistent with the principle of equality as expressed in the German Basic Law.
Child care includes the right to raise and the obligation to care for a minor. Legal regulations indicate three areas of parental authority, which include custody of the child, custody of the child’s property and legal representation of the child. Parents are obliged to take into account the child’s growing needs and abilities to act independently and responsibly. Parents are also obliged to provide the child with financial resources.
In this opinion, the professor describes the components of parental authority, the rights and obligations of parents, the issue of child care in the event of parents’ divorce or lack of marriage (taking into account the reform of family law in 2013), issues regarding the deprivation of parental authority, and also indicates the role of the family court – criteria for making decisions regarding the establishment of parental care.