Petition for Parental Responsibility: Procedure, Costs, and Conditions

According to Swiss law (Article 296 of the Swiss Civil Code), both parents of a child born in Switzerland equally share parental custody. This right applies to all married couples and remains in place after a divorce. For unmarried couples, the biological mother has sole custody until a joint custody application is submitted to the registrar according to Article 298a of the Swiss Civil Code.

Parental Authority and Custody

To gain parental custody, a parent must also hold parental authority. In the event of a separation or divorce, both parents retain parental authority, but custody can be granted to one parent under certain circumstances.

Parental custody means being responsible for your child in all areas of daily life. Practically, this means that the child primarily resides with the custodial parent. Custodial parents are responsible for decisions regarding the child's upbringing, care, asset management, and legal representation (Articles 301-305 of the Swiss Civil Code).

With joint custody, both parents are responsible for these matters, which can be complicated, especially for divorced parents. They must jointly agree on decisions. If one parent has sole custody, they make all decisions independently.

For married couples, applying for joint custody is generally unnecessary as it automatically applies from the child's birth. However, unmarried couples must apply for joint custody. Initially, custody and parental authority automatically go to the biological mother at the child's birth. With a joint declaration under Article 298a of the Swiss Civil Code, the couple can apply for joint custody, recognizing the father's rights and responsibilities towards the child.

Conditions for Application

To recognize a joint custody application, a parent-child relationship between the father and child must exist. Paternity can be acknowledged after birth. You can apply for custody if the following conditions are met:

• You were not married at the time of the child's birth.
• A father-child relationship is established through a recognition certificate before the registrar.
• You are of legal age at the time of application.
• The child must have their habitual residence in Switzerland after birth.
• The application is made within one year of the child's birth.

Procedure and Costs

To apply for joint custody, you must express your willingness to share responsibility for the child by filling out the "Application for Recognition of Paternity" form. This declaration confirms your readiness to jointly take responsibility for the child and agree on the division of responsibilities and a parenting bonus.

Submit the application along with a copy of the father's ID and the paternity recognition certificate to the registrar. A small fee of 30 CHF is charged for the joint custody application, payable at the registrar's office. This fee covers the processing of the application and issuing four copies of the registration.

Sole parental custody is an exception in Switzerland, as even divorced couples retain joint custody after separation. Swiss law imposes specific restrictions when deciding whether to grant sole custody to one parent, and each case is evaluated based on the child's welfare.

Conditions for Application

The conditions for applying for sole custody with the child protection authority are stringent and outlined in Article 311 of the Swiss Civil Code. Article 312 of the Civil Code governs a simplified procedure if both parents agree to the withdrawal of custody. In such cases, a simple signed application from both parents suffices to express their consent to this measure.

When applying for sole custody, you must demonstrate that this decision benefits the child's welfare. In cases where the child's well-being is at risk, custody can be withdrawn only as a last resort. According to Article 311, custody can be withdrawn from a parent due to abuse, violence, neglect, or breach of duty towards the child. A unilateral application for custody withdrawal requires a detailed written explanation of these serious reasons, supported by solid evidence and documentation.

It should be noted that a parent who loses custody and parental authority still maintains their parent-child relationship. Therefore, they have the right to information and contact unless a court order restricts this right. The right to child support remains unaffected. Additionally, both parents may lose custody, in which case a legal guardian is appointed by the court to assume parental custody (Article 311, Paragraph 2 of the Civil Code).

Procedure and Costs

To apply for sole custody, you must contact the Child and Adult Protection Authority, as specified in Article 315 of the Civil Code. This authority is responsible for ordering, modifying, revoking, and implementing child protection measures.

If sole custody is sought during a divorce, no application to the Child and Adult Protection Authority is necessary. In this case, the divorce court can decide on these matters.

Custody issues are crucial for the child's well-being, and it is always advisable to consult a family law attorney in such cases. Especially with applications for sole custody, many restrictions and legal hurdles must be overcome. An attorney can provide advice and help you develop the best strategy for your situation.