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Parentage matters; information on the procedure
The Local Court - Family Court - is responsible for proceedings concerning the determination of the existence or non-existence of a parent-child relationship or the contestation of paternity (parentage cases).
Responsible for you
Amtsgericht Lichtenfels
Electronic legal transactions
Sie können mit dem Gericht sicher elektronisch kommunizieren und z. B. Anfragen, Anträge und Unterlagen einreichen.
Street address
Kronacher Str. 18
96215 Lichtenfels
Postal address
Kronacher Str. 18
96215 Lichtenfels
Phone
Electronic legal transactions
Sie können mit dem Gericht sicher elektronisch kommunizieren und z. B. Anfragen, Anträge und Unterlagen einreichen.
Opening hours
Standort im BayernAtlas
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Timetable for public transport
Procedure details
Description
The local court - family court - in whose district the child has its habitual residence decides on parentage matters. If the child does not have its habitual residence in Germany, the court in whose district the mother has her habitual residence has jurisdiction. If the mother also does not have her habitual residence in Germany, the father's habitual residence is decisive.
If a child is born in an existing marriage, the father of the child is the man who is married to the mother at the time of the birth.
In the case of parents who are not married to each other, paternity must always be acknowledged or established by a court. In these cases too, paternity takes effect with the birth of the child. However, its legal effects can generally only be asserted from the point in time at which paternity is effectively recognized or legally established by a court.
The vast majority of paternity cases involving parents who are not married to each other are based on voluntary recognition. This can be declared in an official document at the youth welfare office, the registry office, the local court or before a notary. Recognition may not be subject to any conditions or time limits. It is permissible even before the child is born.
The child's mother must consent to the recognition in order for it to take effect. In exceptional cases, recognition also requires the child's consent if the mother is not entitled to parental custody. The most important case is when the mother is a minor and her custody rights are therefore suspended. In these cases, the child is represented by the youth welfare office. For her part, the underage mother requires the consent of her legal representatives, i.e. usually the parents. Consent to acknowledgement must also be officially recorded; this can be done before the youth welfare office, the registry office, the local court or a notary.
If the man is not prepared to voluntarily acknowledge paternity, the child or the mother can apply for paternity to be established. However, it is also permissible for the man to apply for establishment, for example if he believes that the mother wrongly refuses to consent to his declaration of acknowledgment. The local court - family court - decides on the application for establishment in parentage proceedings, for which it generally obtains a DNA analysis.
In addition to the application for establishment of paternity, the child can also apply for maintenance payments if he or she is a minor. If the man is established as the father, the local court - family court - can also order him to pay maintenance in the amount of the minimum maintenance retroactively from birth. This is intended to ensure that the child receives a maintenance order as quickly as possible. If it is disputed whether the father can pay less or more than the minimum maintenance, this must be decided in subsequent proceedings.
The proceedings to establish paternity are initiated by an application. There is no obligation to be represented by a lawyer in the first and second instance. The child can be legally represented by the Youth Welfare Office both in the preparation of a voluntary acknowledgement and in the paternity proceedings.
Fees
Notarization is free of charge.
Court costs and expert costs are incurred for the court proceedings. The expert costs can amount to several hundred euros. As a rule, the child and, if needy, the defendant will also be able to obtain legal aid.
Court costs and expert costs are incurred for the court proceedings. The expert costs can amount to several hundred euros. As a rule, the child and, if needy, the defendant will also be able to obtain legal aid.
Legal bases
Appeal
Complaint
Status: 20.08.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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