In general, if couples are married they have a joint legal custody. Single mothers do initially have a sole custody. If the parents agree on a joint legal custody, they can submit a declaration of custody documentally. This is only possible with the consent of the mother. A single father cannot sue for a joint legal custody. The declaration of custody can take place at a notary as well as at the Department for Youth and Family.

If single parents, who have declared shared custody, separate, the joint legal custody remains in place and can only be refuted by means of an custody lawsuit in front of court. With divorced parents, shared custody is the rule as well, if no parent presses a custody lawsuit.

The declaration of custody can be applied for at the Fachbereich für Jugend und Familie der Stadt Hannover (Department for Youth and Family of the City of Hanover) without costs.