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=S=> BGB 1680. 1 If the parental custody was held by the parents jointly and if one parent has died , the parental custody is held by the surviving spouse .
=S=> BGB 1680. 2 Where a parent who , under section 1671 or 1672 ( 1 ) , had the parental custody alone has died , the family court must transfer the parental custody to the other parent , if this is not inconsistent with the best interests of the child . Where the mother , under section 1626a ( 2 ) , had sole parental custody , the family court must transfer the parental custody to the father if this serves the best interests of the child .
=S=> BGB 1680. 3 Subsection ( 1 ) and subsection ( 2 ) sentence 2 apply with the necessary modifications to the extent that one parent , who had the parental custody jointly with the other parent or , under section 1626a ( 2 ) , alone , is deprived of the parental custody .
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