Custody verdict: Embarrassing, but good
The Federal Constitutional Court has spoken: Howgh. Unmarried fathers can now sue for joint custody. OK then. Because the previous regulation gave the mothers too much power. If they denied a father the right to decide where the child lives, if it was baptized, which school to visit, there was no possibility for him to appeal.
However, unmarried couples do not automatically have joint custody, as they do after separation from married parents. Family courts must now decide, at the request of the father, whether they are both capable of caring for the child. That's a good thing, too. Because if a woman does not want to give her child's father custody, she will have reasons. At least one should assume that among adult humans.
The insinuation, the mother just bitches around, wants to wipe one's father out, do not even think about the child, is indeed common among affected fathers, but now has to withstand a judicial review. The well-being of the child is the focus here. If a father has used his right of access - which he has always used - to establish a binding relationship with the offspring, if he regularly transfers support and seriously deals with all decisions that are pending for the child - yes, then he should get custody. But if he only wants to have a say, without caring - then he still has to get along without the right to co-determination, which is also an obligation. The judges of the family courts will know how to differentiate. They are specialized in distinguishing genuine from pretended care.
So everything is fine now. Only the Federal Minister of Justice is bad. She was supposed to present a bill long ago, which regulates the custody of single persons. But that will take time. Now the Federal Constitutional Court has preceded it with its decision. Embarrassing for Sabine Leutheusser-Schnarrenberger. Now it is said she even wants to automatically grant single fathers joint custody. A corresponding bill is in the works. That, however, would be a blow to all mothers who so far denied the father this right for a good reason.
Right decision of the court? Discuss in the ChroniquesDuVasteMonde community!
