Login|Contact Us
Question and Answer

German Law

Ask a German Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

International Custody/Passports/Citizenship of Child

 
legal eagle's Avatar
  • Answered by:legal eagle
  • Attorney
  • Positive Feedback: 97.9 %
  • Accepted Answers: 383
Verified Expert
in German Law

Recent Feedback

Positive
She was absolutely professional and knowledgable and would definitely use her...
Positive
very good
Positive
Thank you
Positive
Many thanks for your fast and satisfying response!
Positive
Thank you for the timely reply
Positive
Straightforward. Seems sensible.
Positive
Thank you
Positive
Thanks
Positive
Thank you for your help.
Positive
thanks.It's a very clear answer to my question

Customer Question

My husband is a German citizen. Our child was born in the United States and has traveled to Germany (and other EU destinations) quite a bit. We are currently separated, and he is aggressively bullying me about getting my child a German passport (she has a US one). Does having a German passport "formally" make her a German citizen, or was she a German citizen upon her birth? Do you have any idea why the passport is so important to him (to the extent he is willing to divorce over this, or threaten me boldly with divorce)? What implications or consequences would having this passport for her have? Through our marriage and the entire life of our child, we have resided in the US. Is there ANY way he will be able to take our child to Germany without my consent (via court order)? I do, by the way, have every intention of visiting his family with her. I have no hope to exclude them from her life. I simply don't want her leaving the US, as a child, ever without me. Thank you very much.  My husband has  law degree in Germany, a Ph.D. in law in Germany and a law degree in the US.  I have NO idea, beyond good guessing, and feel quite intimidated.

Submitted: 336 days and 17 hours ago.
Category: German Law
Value: 14 €
Status: CLOSED

Accepted Answer

Picture
Expert:  legal eagle replied 336 days and 16 hours ago.

Dear Customer,

as your husband is a German national your child is a German national by birth.

Whether he can take your child to Germany without your consent is best anwered by the colleagues from American Law, but I would say no he cannot, because your child grew up over here.


What he can do once he and the child are in Germany is leave Germany without your consent( which is not legal but if he is the parent and is in possession of the child`s passport nobody will ask any questions)


He can also sue for custody before a German court once he and the child are together in Germany.

I would advice you to be extra careful



I hope I was able to help

If so please click accept.


Best


C. Schiessl
attorney-at-law

board -certified family law specialist






Expert TypeAttorney
Category: German Law
Pos. Feedback: 97.9 %
Accepts: 383
Answered: 5/14/2012

Experience: More than 18 years of experience in practicing law

Ask this Expert a Question >
Customer replied 336 days and 16 hours ago.

Thank you so much for your answer. I will search for you online to find your contact information and perhaps my US attorney can use you as a resource (of course we will expect a bill!).

What you mentioned about him suing for custody once we are in Germany, this is a major concern of mine. I had initially been very open to take my daughter to see his family, but now I am skeptical about everything he does.

He keeps trying to make me sign a US post-nuptial agreement and also get our daughter the German passport. My refusal to do this is why he moved out. On a side note, in late February, I was five months pregnant, and the baby suddenly died from an umbilical cord accident. A week later, my oldest friend died suddenly and horrifically. Mid-April, my grandmother passed away, also suddenly. I was up tending to family business and taking care of my grandfather, and I returned (with my daughter) after 3 weeks to find he had moved out....leaving not a trace of himself in our home. We had not been arguing or having major conflict. It is all about contracts, documents, passports, etc. Even if we had been fighting, I just find his timing to be quite wicked. Also the fact that he was clearly planning this for sometime and moved out while I was away (at a family funeral!), it just feels so heartless and sneaky.

I consulted a US family law attorney in September when he first threatened divorce (if I did not give him another child soon and also get our daughter a German passport). I made it clear I do not want to divorce; I simply wanted to be prepared if I was served with divorce papers.

As I described, he is quite a legal expert. He also (not to brag!) is very successful financially and does not let me see any of our financial information (we live in Texas, where half of all assets acquired during marriage are mine). He has turned into a very dishonest person who is obsessed with money and trying to have power over me. I think he wants me "on my knees", just in a situation where I cannot question or protest anything, ever.

I do not plan at this moment to file for divorce, but, as you said, I want to be most careful with my daughter, especially after cases like the US boy with the Brazilian mother. Crazy things can happen.

If one of us files for divorce, setting the jurisdiction for the case (including custody) here in Dallas, is it then "safe" to bring her to Germany? His grandfather will be 97 in October, and it makes me sad thinking he may never see his great-granddaughter again because of my inability to trust my husband.

How may I contact you via email? I have a document he gave me to sign today, something about a very distant relative's inheritance (of debt!). He says my 2 year old will inherit the debt. I believe what the document says, but I cannot help but to wonder if he can argue that I signed this acknowledging that my child is German and will have German residence. I just don't know whom to trust. I know to not trust my husband, sadly, and this is all.

Thank you again for the answer.

Customer replied 336 days and 16 hours ago.

Perhaps I should add that we have a "permanent residence," thought I am not sure how formal this is for the sake of having insurance through Barmenia. It's a flat attached to the home of my in-laws. I wonder if this could invite me into German jurisdiction. I'm not sure, technically, if it's still valid. A few years ago, we went to the city offices and had to fill out paperwork. They stamped my passport, but I think the stamp expired long ago. We have a joint account at Deutsche Bank that was established for the process of acquiring insurance.

He scares me. I'm sorry for all of the questions. I will pay/tip/whatever, but the site keeps denying my credit card, for no reason (it has no limit and I checked the info I entered). We will figure it out!

Thank you so much.

Picture
Expert:  legal eagle replied 336 days and 16 hours ago.

Dear Customer,

I am very sorry for waht you had to go through

Just be extra careful.

Do not sign the post-nuptial.


Indeed do not sign anything without consulting a lawyer first.


Once it is signed it is too late.

Do not take the child to Germany because even if you set the jurisdiction here he can alwayy go to a German court and sue for custody claiming that you neglect the child and who knows what.


Just say that you will not take your 2 year old on such a long flight which should be understandable as it is a torture for kids this age.( I have seen a lot of this on transatlantic flights)


You can contact me via email


ClaudiaMarieSchiessl

at

googglemail dot com

I have to write it in this funny way because otherwise it will be xxxxxx out.


Please click accept first and I am not allowed to lokk through contracts for free( this would be tantamount to ginving free legal advice) but will have to demand an extra fee.




Best


C. Schiessl
attorney-at-law


If I have answered your question please click accept

Picture
Expert:  legal eagle replied 333 days ago.

Dear Customer,

I d hope I was able to help you.


Best


C. Schiessl
attorney-at-law

 
Tweet

Lawyers are Online Right Now

Ask Your Question Now
German Law Questions Date Submitted
i have a x girlfriend that got pregnant moved to Germany 16 3/22/2013
For a Non-Disclosure Agreement, is German law better than French 3/18/2013
Hello,I am a british citizen living in Germany, where I 3/14/2013
I am a U.S. attorney who is outraged by Air Berlin ("AB") an 3/13/2013
I live in Canada and my ex partner (Canadian) moved to Germany 3/9/2013
This question relates to Child Support/Maintenance payments 2/10/2013
fringe benefit taxation for apartment rent in germany 1/30/2013
I am a US citizen hired in Germany under a German contract, 1/19/2013
EU Regulations (Commercial Agents Directive 1986) my contract 1/3/2013
What is the statute of limitations for suing for child support 12/21/2012
RSS
Next 10 >
Ask A Lawyer
Type Your German Law Question Here...
characters left:

Top German Law Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
240 Lawyers are Online Now
Type Your German Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC