Buschmann advocates for the transformation of family law regulations
Family law issues are frequently tainted with strong emotions, leading to challenges in handling them fairly. A proposal by Justice Minister Buschmann now seeks to bolster the rights of children and unpartnered individuals primarily. Updates are likewise proposed for spousal maintenance duties.
This anticipated family law overhaul aims to render it simpler for unmarried fathers to be recognized in custody disputes. This provision is included in a draft by German Federal Justice Minister Marco Buschmann for an overhauled child custody regulation, which has been made accessible to the German Press Agency. According to this, a man will automatically receive joint custody status following paternity recognition if one of the parents does not contest joint custody within one month without providing reasons.
The rights of children will also be reinforced. For instance, a child with divorced parents would be entitled to apply for a reassessment of an existing custody arrangement when they turn 14. The draft also underscores the child's right to information about their ancestry.
Originally, Buschmann planned to present his drafts for child custody, maintenance, and paternity law revisions to the cabinet during the fall. However, certain members of the traffic light coalition still see a necessity for alignment. In an effort to rejuvenate the process, the Ministry of Justice has scheduled a meeting with state justice administration representatives on October 25th. These drafts were also distributed alongside the invitation from State Secretary Angelika Schlunck.
Adoption Opportunities for Unmarried Couples
Observants of the upcoming reform may also take notice of those with an adoption aspiration. A liberalization is proposed here. In the future, unmarried couples would also be permitted to adopt a child jointly. The draft suggests that adoption by a solitary adult would be an option for both married and unmarried couples.
Notably, fathers may also benefit from a change proposed by the Ministry of Justice, details of which have been known for several months. According to this, the co-custodial parent in instances where a 50:50 alternating routine is not agreed upon will have to pay less child maintenance in the future if they assume at least 29% of care responsibilities. The number of overnight stays will determine the share calculation.
The proposed family law overhaul also opens up adoption opportunities for unmarried couples. In the future, they will be allowed to adopt a child jointly. Furthermore, the draft suggests that the co-custodial parent who assumes at least 29% of care responsibilities in cases where a 50:50 alternating routine is not agreed upon will pay less child maintenance in the future, with the number of overnight stays determining the share calculation.
