Mag. Ulrike Pöchinger
Mag. Ulrike Pöchinger, Advocate (Attorney) and Criminal Defense Lawyer in 1010 Vienna. I am an expert in family law providing individual legal advise in:
- Divorce
- Separation Procedure
- Custody Procedure
- Child Support
- Matrimonial Support (Alimony)
- Prenuptial Contract
- Partnership Contract
CUSTODY AND CONTACT LAW
CUSTODY
Custody is the parental rights and obligations concerning care, education, wealth management and legal representation of a child. Both parents have the same rights and obligations.
Married parents have shared custody.
The custody of a child not born into marriage is firstly granted to the mother. The unmarried parents can claim shared or sole custody for the father before the civil registry office (Standesamt).
Shared custody is valid also after a separation or divorce. In this case one must declare in whose household the child shall live (domicile parent). The parents can also agree to the sole custody of one parent before court.
In case the child’s welfare is in jeopardy, the court can partially or completely revoke the custody rights of a parent.
CONTACT LAW
The parent not living in the same household as the child, regardless of custody, has the right to have contact to the child.
The purpose of contact law is to keep the closeness of the separately living parent to the child.
The right to contact does not depend on the fulfilment of the alimony obligation.
Certain circumstances can lead to the lapse of the claim of child support.
- The caretaking is shared evenly by both parents
- The benefits in kind are shared evenly.
- The income of the parents is equivalent.
The Supreme Court has previously decided that a 4:3 day ratio per week of caretaking is equivalent.
Severe differences in income will entitle the child to a rest alimony of the parent with the higher income.
Mag. Ulrike Pöchinger
Mag. Ulrike Pöchinger, Advocate (Attorney) and Criminal Defense Lawyer in 1010 Vienna. I am an expert in family law serving you with empathy.
MAG. ULRIKE PÖCHINGER
Günthergasse 3 Top 4
1090 Wien
Office Upper Austria
Linzerstraße 18/5
4810 Gmunden
Phone: +43 (0) 1 / 99 04 508
Mail: office@poechinger.at
Member of the Vienna Bar Association