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I am an American citizen

 
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  • Answered by:legal eagle
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  • Accepted Answers: 386
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in German Law

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Customer Question

I am an American citizen married to a German living in Germany. My husband is threatening to leave and forbidding me to leave the country with our 2 minor children. My son 12, is a dual citizen and our 3 year old is German. I have no money to get home or to afford a lawyer. I have no way to get to Frankfurt to the US Embassy, they only take appointments, no phone calls, so I am in the dark as to my rights. My residence was always in Ohio. How can I get out of here with the kids? Also, he was deported here from America 5 years ago. He was a permanent resident, but is no longer.

 

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State/Country relating to Question: Ohio

Already Tried:
n/a besides staying at the womens shelter

Submitted: 381 days and 4 hours ago.
Category: German Law
Value: 49 €
Status: CLOSED
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Expert:  Fran-mod replied 380 days and 19 hours ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

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Expert:  legal eagle replied 380 days and 18 hours ago.

Dear Customer,

thank you for using Just Answer.
As your children are German nationals and as you were living together in Germany and you have joint custody you are not allowed to leave the country without the father`s consent.
What you have to to is go to an attorney who is specialized in familiy law Do not worry there is legal aid. So the state will pay for that You`ll get support for the children and for yourself of course. The attorney is going to help you get that support
In order to be able to leave the country you will have to go to family court and sue for sole custody
I hope I was able to help
If so please click accept
Should there be any further questions please do not hesitate to ask
Best
C. Schiessl attorney-at-law
legal eagle41018.3361211458

Customer replied 380 days and 12 hours ago.

Frau Schiessl, I am living in Bamberg currently, Bayern. Can you tell me where I need to go to seek this legal aid? Would I go to arbeitsamt? Do you have any idea how long this process takes for me to be able to leave? I am also concerned how I will pay for my flights home and how to even gain the passports to do so if he won't comply. Will he still need to pay us support after I go back to America? And, I know in Germany couples must separate for a year before divorce papers can be filed. Does that also apply to us if I don't even live here anymore?

Accepted Answer

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Expert:  legal eagle replied 380 days and 10 hours ago.

Dear Customer,

you go to the Amtsgericht and ask for where you can get a Beratungshilfeschein.

You have to bring papers about your income and your expenes if possible

Of coure he will have to pay you support even if you are in America.


After you have the Beratungshilfeschein whioch entitles you to get legal aid you have to got to a lawyer to get support in order to pay for your flight home and to sue for sole custody.

The latter can take some time but nobody can tell how long exactly as this varies from case to case and from court to court.




If I have helped please click accept

Thank you


Expert TypeAttorney
Category: German Law
Pos. Feedback: 100.0 %
Accepts: 386
Answered: 4/19/2012

Experience: More than 18 years of experience in practicing law

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Customer replied 380 days and 10 hours ago.

All I get is my kindergeld. We have no joint bank account, I have no access to his money. I am a little worried to go through all of his papers for receipts of rent and his paystubs and things, seeing as I am about to sue him for custody. But, I thank you for your time and I accept your answers now.

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Expert:  legal eagle replied 380 days and 10 hours ago.

Dear Customer,


I wish you all the best and thanks for accepting !!!!!

 
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