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Dokument BGB Book 4 Family Law
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162
=S=> BGB 1672. 1 If the parents live apart for a period that is not merely temporary and if , under section 1626a ( 2 ) , the mother has parental custody , the father , with the approval of the mother , may apply for the family court to transfer to him alone the parental custody or part of the parental custody . The application is to be granted if the transfer serves the best interests of the child .
=S=> BGB 1672. 2 To the extent that a transfer has occurred under subsection ( 1 ) , the family court , on the application of a parent with the approval of the other parent , may decide that the parents should have joint parental custody , if this is not inconsistent with the best interests of the child . This also applies to the extent that the transfer has later been cancelled under subsection ( 1 ) .