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=S=> BGB 1681. 1 Section 1680 ( 1 ) and ( 2 ) applies with the necessary modifications if the parental custody of a parent ends because he is declared dead or the time of his death has been established under the provisions of the Missing Persons Act [ Verschollenheitsgesetz ] .
=S=> BGB 1681. 2 Where this parent is still alive , the family court , on application , must transfer parental custody to him to the extent to which he held it before the conclusive date under section 1677 , if this is not inconsistent with the best interests of the child .
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