Reading time approx. 10 minutesMatthias Würtenberger, mediator in Munich & Rosenheim
When parents separate, one of the most important questions comes up almost immediately: where will the children live – and how will we share the care? In Germany, you will quickly hear terms such as Wechselmodell, Residenzmodell or Nestmodell. This article explains what they mean, what German law says, what applies to child maintenance and Kindergeld – and how you as parents can find a solution together that fits your family.
In short
- Residenzmodell: the children live mainly with one parent; the other parent has regular contact.
- Wechselmodell: the children live with both parents and move between two homes.
- Nestmodell: the children stay in the family home; the parents take turns.
- No model is prescribed by law. What matters is what is best for your children – and what you as parents can manage in everyday life.
- Care and money belong together: how much care work and how much paid work can each of you take on? That affects the income of both households and child maintenance.
Contents
The three models at a glance
| Residenzmodell | Wechselmodell | Nestmodell | |
|---|---|---|---|
| Where do the children live? | mainly with one parent | alternately with both parents | permanently in the family home |
| Who moves? | the children (for contact) | the children | the parents |
| Share of care | e.g. 70/30 or more | either 50/50 (paritätisches Wechselmodell) or split differently | about 50/50 |
| Child maintenance | one parent pays, the other provides care | both pay according to income | usually as in the Wechselmodell |
| Works well if … | the parents live further apart or have very different availability | the parents live close to each other and can coordinate well | as a transition while much is still open |
Residenzmodell: one home, regular contact
The Residenzmodell is still the most common arrangement in Germany. The children’s centre of life is with one parent; the other sees them regularly – for example every other weekend, one afternoon during the week and half of the school holidays. How contact works in detail is up to you as parents.
Advantages: one clear home, one bedroom, one way to school. Less day-to-day coordination – which can be a relief, especially while communication between the parents is still difficult.
Disadvantages: the parent with contact often only sees the edges of the children’s everyday life. The main burden of organisation and care rests with one person – and with it often the question of how much that person can still work.
Many families live an extended contact model: the contact parent provides considerably more care than every other weekend, without care being split equally. This is sometimes called asymmetrisches Wechselmodell.
Wechselmodell: two homes, shared responsibility
In the Wechselmodell, both parents often provide roughly equal care – this is called paritätisches Wechselmodell. The children have two homes and switch in a fixed rhythm. Common rhythms are:
- 7/7: one week with the mother, one week with the father
- 2-2-5-5: fixed weekdays with each parent, alternating weekends
- shorter intervals for younger children, for whom a whole week without the other parent can be long
Advantages: the children experience both parents in everyday life – at breakfast, doing homework, at bedtime. Both parents remain equally responsible, and neither is left alone with the care.
Disadvantages: two homes mean double equipment, higher costs and a lot of organisation. The model needs short distances (school, nursery, friends) and parents who can agree on everyday matters. Some children find the constant moving tiring.
From what age? There is no fixed age limit. What matters are the child’s attachments, temperament and needs. Younger children often cope better with shorter intervals; older children and teenagers increasingly want to have a say – and should.
Nestmodell: the children stay, the parents move
In the Nestmodell, the children stay in the familiar home and the parents take turns moving in and out. For the children, as little as possible changes. For the parents it is all the more demanding: they usually need three homes (the “nest” and one each) or share a second flat – and they continue to share the kitchen, the fridge and the household.
That is why the Nestmodell works best as a transition: it buys time until it is clear how things will go on – for example until the end of a school year or until the question of the home is settled.
What does German law say?
German law does not prescribe any care model. The yardstick is always the best interests of the child (Kindeswohl, § 1697a BGB). Most parents keep joint parental responsibility (gemeinsames Sorgerecht) after separation and are free to agree on the care model. The child has a right to contact with both parents (§ 1684 BGB).
If the parents cannot agree, the family court decides. It can order a paritätisches Wechselmodell even against the will of one parent if this is in the child’s best interests (Federal Court of Justice, decision of 1 February 2017, XII ZB 601/15). However, the parents must be able to communicate and cooperate sufficiently. If the conflict between the parents is severe, the Wechselmodell is generally not in the child’s best interests. The child’s wishes also carry weight – the older the child, the more.
Reform planned: in May 2026, the Federal Ministry of Justice presented a draft reform of German child law. Under it, different care models, including the Wechselmodell, would be recognised in the law. The draft does not change maintenance law itself; whether and how care shares will count more in maintenance is still open. None of this has been passed yet; they are not expected to take effect before 2027. I will update this article as soon as anything changes.
I am not a lawyer myself. For the legal side, I work with experienced family lawyers – including English- and Spanish-speaking ones – and am happy to put you in touch: for advice during the mediation as well as for a later divorce petition at the family court.
Does mediation fit your situation?
In a free initial consultation (30 minutes, by phone, video or in person) we find out – confidentially and without obligation.
Child maintenance in the Wechselmodell: how do we finance ourselves and our children?
“Maintenance” (Unterhalt) is the legal term. In mediation, it is my entry point to a more fundamental question: how can you finance yourselves and your children in your new reality – separated as a couple, but still parents?
Legally, the care model has direct consequences for child maintenance:
- In the Residenzmodell, the caring parent fulfils their maintenance obligation through care and upbringing. The other parent pays cash maintenance (Barunterhalt).
- In extended contact, the contact parent continues to pay cash maintenance. A high share of care can, however, be taken into account.
- With a paritätisches Wechselmodell, both parents owe cash maintenance – each in proportion to their income. The starting point is the child’s needs based on the combined income of both parents, plus the additional costs of two households.
In mediation, we go one step further and look at both sides of the coin: the needs of both households – the expenses – and the income – salary, self-employed income, capital gains, Kindergeld. Only when everything is on the table can you work out what is necessary, what is possible and what is optional. The result is a viable budget for each household that fits both of your incomes.
Closely linked to this is care work: how much care does each of you provide, and how much paid work can you do alongside it? Only the balance of care work and paid work completes the picture. I show what this looks like in practice, with an example, in my article How do we finance ourselves and our children? The needs-based household budget.
And Kindergeld? Kindergeld (child benefit) is always paid to only one parent. In the Wechselmodell, the parents decide together who receives it. In child maintenance, it is then balanced between the parents.
Calculating child maintenance correctly in the Wechselmodell is demanding. In mediation, you gather the figures together and find an arrangement you both understand and can live with. Before signing, it should be checked by a family lawyer – I am happy to put you in touch.
Which model suits your family?
There is no “best” model – only one that fits your children and your everyday life. These questions can help:
- How far apart do you live – and how far from school, nursery and the children’s friends?
- How old are the children, and what do they need right now? What different needs do the siblings have?
- How do we want to agree on everyday matters – homework, doctor’s appointments, birthdays?
- How much do I need to work to make ends meet – and how much do I want to be there for my children?
- Where do I want to take my career, and what does that mean for how we share care? Is there room to reduce or increase my hours?
- What can we afford together: one or two child-friendly homes, double equipment?
- What is really in the children’s interest?
For international families: how do the children keep in touch with grandparents and family abroad – and how do you handle holidays in your home countries?
More questions about the children are in my checklist (in German): Kinder bei Scheidung und Trennung.
Prefer to write first?
Briefly describe your situation – I will get back to you personally.
How mediation helps you find a parenting plan
Whether Residenzmodell, Wechselmodell or Nestmodell: the solution that holds best is one you have worked out together as parents – and that you both understand. In divorce mediation, you develop a parenting plan that suits your family. Typical points are:
- the weekly rhythm and handovers
- holidays, public holidays and birthdays – including trips abroad
- a household budget for both households: income, expenses, Kindergeld – and who pays which costs
- how you share care work and paid work
- how you will communicate in future – and what happens if something doesn’t work
- when you will review the plan together, for example after six months or when the children change school
It is not only about calendars and figures. Behind positions like “I want 50/50” or “The children belong with me” there are often worries, hurt or the wish to remain important as a mother or father. When this can be spoken about, solutions become possible that seemed unthinkable before.
The children’s voice: as a trained child specialist, I can – if you both agree – conduct a child interview. This way, what moves your children flows into your decision without them having to choose between you.
Your agreement is put in writing. Mediation is available in English, German or both.
Frequently asked questions
Can a German family court order a Wechselmodell against the will of one parent?
Yes, if it is in the child’s best interests (Federal Court of Justice, 1 February 2017, XII ZB 601/15). Where the conflict between the parents is severe, courts generally do not order it.
Do I have to pay child maintenance in a Wechselmodell?
With a paritätisches Wechselmodell, both parents owe cash maintenance in proportion to their income. The parent who earns more usually pays a balancing amount to the other. In mediation, you work out a household budget for both households – so you can see what each side needs and what is possible.
Who gets Kindergeld in the Wechselmodell?
It is paid to only one parent; the parents decide together who. In child maintenance, it is balanced between them.
What is an asymmetrisches Wechselmodell?
A contact arrangement in which one parent provides considerably more care than usual – but less than half. Legally, it currently counts as a Residenzmodell with extended contact; whether the legislature will change maintenance law for this is still open.
From what age does a Wechselmodell make sense?
There is no fixed age limit. What matters are the child’s needs and attachments; shorter intervals are often better for younger children.
Can we change the model later?
Yes. Children grow older and circumstances change. A good agreement sets out when and how you will review it together.
Can the mediation take place in English?
Yes. Sessions can be held in English or German – and if one of you is more comfortable in German and the other in English, we find a way that works for both of you.
Matthias Würtenberger
Mediator in Munich and Rosenheim and trained child specialist (Fachkraft für das Kind). I help parents find a care arrangement after separation that suits their children – in English or German.
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Sources
- Statutes (in German; English translation of the BGB, not binding): § 1697a BGB · § 1684 BGB · § 1606 BGB · § 1612b BGB · § 64 EStG
- Case law (Federal Court of Justice, in German): decision of 1 February 2017, XII ZB 601/15 (paritätisches Wechselmodell in contact proceedings) · decision of 5 November 2014, XII ZB 599/13 (child maintenance in the Wechselmodell) · decision of 12 March 2014, XII ZB 234/13 (extended contact)
- Reform: draft bill of the Federal Ministry of Justice to reform child law (KiMoG), published on 11 May 2026; not yet passed. Status of this information: October 2026.
Finding the right model together
In a free initial consultation, we clarify whether mediation is right for your family – confidentially and without obligation, in Munich, Rosenheim or online.