What exactly does legal advisership do?
Two things, and § 1712 Abs. 1 BGB lists them exhaustively: "establishing paternity" and "asserting maintenance claims and disposing of those claims". To that extent, the Jugendamt becomes the child's legal representative: it establishes paternity, calculates maintenance, calls for payment, draws up a title and, if necessary, enforces it through the courts — all free of charge. Under Abs. 2, you can limit the application to one of the two tasks, for example to the establishment of paternity only.
Do I lose rights as a parent as a result?
No. Legal advisership does not affect parental custody. You remain solely responsible for upbringing, residence, health and all other matters; the Jugendamt represents the child exclusively in the two matters named. You may also continue to negotiate with the other parent about maintenance yourself — but then coordinate with the Jugendamt, so that two routes do not run in parallel. And you can end the legal advisership at any time without formality, without giving reasons and without any disadvantage.
Does legal advisership also apply to adult children?
No. § 1712 Abs. 1 BGB expressly speaks of advisership "of the child" — meaning the minor child, and it ends on reaching majority. So it does not exist up to the 21st birthday and not during training either. This information is unfortunately often stated wrongly online, and it rests on a confusion with § 1603 Abs. 2 Satz 2 BGB: under that provision, unmarried children until they reach the age of 21 are treated the same as minors if they live in their parents' household and are in general school education. This affects the amount of maintenance, not the representation — and from 18, the young person must act themselves.
What does "general school education" mean?
It means attending a general-education school — not any form of training. Vocational training, that is, an apprenticeship with training pay, does not fall under it. This matters in practice because the privileged rule under § 1603 Abs. 2 Satz 2 BGB applies only for general school education, and because it additionally requires the child to live in the household of their parents or one parent and to be unmarried. Someone who is 19, doing an apprenticeship and still living at home is therefore not privileged — their maintenance entitlement is assessed under the rules for adult children, and their own training pay is taken into account.
From when does legal advisership take effect?
From receipt of the written application at the competent Jugendamt. There is no approval procedure, no assessment of your financial circumstances and no notice to wait for — unlike almost all other services under this entity. That makes it one of the fastest instruments there is: anyone who files the application today has the Jugendamt as the child's representative for paternity and maintenance from that day. Bear in mind, however, that maintenance for the past can only be claimed under narrow conditions — so waiting is costly.
What does it cost me if it goes to court?
Nothing. Legal advisership remains free of charge even where paternity has to be established, or maintenance enforced and recovered, through the courts. You bear no cost risk, and there is no means test — legal advisership is open regardless of your circumstances. This is markedly different from going through a lawyer, for which you would first have to apply for advisory assistance (Beratungshilfe) or legal aid for proceedings (Verfahrenskostenhilfe) if your income is low. Legal advisership does not help with custody and contact matters, however; the usual route applies there.
Can I end it if the situation improves?
Yes, at any time and without giving reasons. An informal letter to the Jugendamt is enough; the legal advisership then ends. Titles already drawn up remain in force — a Jugendamtsurkunde does not lose its effect just because the legal advisership ends. You can also apply for it again later if payment problems recur. Before ending it, just consider who will then keep an eye on adjusting the title: if the minimum maintenance rises or the child moves to a new age bracket, a dynamic title adjusts automatically — a static one does not.
What is the difference from the maintenance advance?
Legal advisership recovers the money from the other parent: it establishes what is owed and enforces it. The maintenance advance is a state benefit that steps in where payment is not made, or not made regularly — it too is decided by the Jugendamt, not the Familienkasse. Both together are the normal case and are not mutually exclusive: the advance bridges the gap, while legal advisership recovers the money from the person liable; to the extent the state has paid, the claim passes to it. Watch out for a difference that often causes confusion: for the advance, the full Kindergeld (child benefit) is deducted, whereas for the cash maintenance of a minor child who lives with the parent caring for them, only half is — which is why the advance is lower.
