Appointing the foster parents as carers or guardians
Has your foster child been living with you for a long time and is it foreseeable that they will stay with you permanently?
Then as a foster parent you can apply for foster care or guardianship at the local court (family court).
Please note: The youth welfare office can also submit a corresponding application to the family court.
Foster parents are only responsible for a limited area of care within the framework of foster care, for example for the child's assets. As a guardian, they have legal representation for a child in all matters.
Responsible department
the local court (family court) in whose district the child usually resides
Details
Prerequisite
You are
- of legal age
- legally competent
- suitable to act as guardian or custodian according to
- Your personal circumstances
- Your financial situation and
- the other circumstances.
Note: Other people may also apply for guardianship or guardianship. If they include relatives of the foster child, relatives are usually given priority.
Procedure
As a foster parent, you can apply for guardianship or guardianship.
You must then submit the application to the responsible local court (family court).
The responsible youth welfare office will comment on the proceedings.
The court decides who is appointed as guardian or carer, taking into account the best interests of the child.
When the court decides on the change of custody, the following parties must be heard:
- the youth welfare office
- the biological parents, if they still have custody rights
- the child
Normally, the older the child is, the more important their opinion is. - the foster parents
Deadlines
none
Required documents
none
Costs
none
Miscellaneous
none
Legal basis
Bürgerliches Gesetzbuch (BGB):
- §§ 1773 - 1808 Vormundschaft
- §§ 1809 - 1813 Pflegschaft für Minderjährige
Release note
machine generated, based on the German release by: Justizministerium Baden-Württemberg, 27.08.2024