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.
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 carefulI hope I was able to helpIf so please click accept.BestC. Schiesslattorney-at-lawboard -certified family law specialist
More than 18 years of experience in practicing law
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.
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.
Dear Customer,I am very sorry for waht you had to go throughJust 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 emailClaudiaMarieSchiesslatgoogglemail dot comI 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.BestC. Schiesslattorney-at-lawIf I have answered your question please click accept
Dear Customer,I d hope I was able to help you.BestC. Schiesslattorney-at-law
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