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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11224
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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My 26-year-old stepson (a US citizen living in Los Angeles)

Resolved Question:

My 26-year-old stepson (a US citizen living in Los Angeles) possibly got a 28-year-old woman (resident of Germany) pregnant and she is due to give birth on July 7. She is a student here in the US, graduating in May and her Visa runs out at the end of July. She was possibly going to file for a three-month extension. She also applied for her Masters in Germany; she won't know until September if she got into the program. She has told him that she would be eligible for government assistance in Germany, but cannot do that in the US because of her status.

My step-son has no interest in the woman romantically (they only knew each other for a couple of weeks), and never plans to marry her. However, he is fully willing to accept his child support obligations, if the DNA paternity test proves that he is, in fact, the father. My stepson makes very little money ($1,100 a month).

Since my step-son is not interested in having a romantic relationship with the woman, she is planning to leave the US right away, and flying back June 2. Her fear is that if the baby were to be born in the US, she could lose custody of her baby to my step-son, who is the US citizen, and she is not, and her visa is about to run out. Plus, she doesn't have much money--$1,000 in savings--so my stepson thinks it's best that this woman go back to Germany to raise the child with her mother and family.

The woman would consider having the baby in the United States (her preference, actually) if and only if my stepson were to sign a simple one sentence document that says that he would not contest her return to Germany after the baby is born (on which he is in total agreement). Will this document hold up in a court of law in Germany to the degree that he might lose his parental rights? The advantage of this is that both my stepson and my wife would get to see the baby when its born, before she returns to Germany. The downside, if there is one, is that the document could potentially be used in a court of law, and my stepson could lose his parental rights. Keep in mind that he is perfectly willing to have the women be granted full custody. We have been advised in the US not to sign it and that everything legal has to be done after the baby is born. Anything done before isn't admissible in court. He just may want to get to know his son later in life, or now, and visit when possible. If she were to stay in Los Angeles, my feeling is that my stepson will get involved with the child. What complicates things is that, if she moves to Germany, he has no money to travel. But above all, he just wants to know that his child (if it is his child) has a better life than he is able to provide. He also hopes that the woman finds someone who is truly interested in her, and can have a real relationship.

So my questions are here:

If the woman moves back to Germany and the baby is born in Germany, what can my stepson expect in terms of court ordered child support?

If the woman moves back to Germany and the baby is born in Germany, does she automatically get full custody of the child?

If the woman chooses to have the baby in the US, then go back to Germany later, she would only do this if my stepson signs the document mentioned above. If he does, is he losing any parental rights? Also, by signing the document, is this an admission of fatherhood in advance of the birth and is this a problem? (Personally, I think he may be able to grant her the written permission to go back to Germany, provided that he also states that the document does not compromise his parental or visitation rights. And since he is not looking to have custody of the child, this is a moot point).

Is there any other reason why she might be insisting on having this document before the baby is born? Will she get more child support if there is not father in the picture?
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customer,

Thank you so much for using Just Answer.

My name isXXXXX and I am very happy to assist you today.

First of all please please keep in mind that I can only tell you about the legal situation in Germany.

I am not competent to give legal advice about US Law , which I hope you understand.

The mother wants your son to sign the permission to lease because otherwise she may have problems with the the Hague treaty for the protection of minors and your son could demand that the child be brought back to him

That is the reason why.

The signed document according to German Law is not a legally valid admission of fatherhood.
As soon as mother and child are in Germany and have taken up residence there German Law will be applicable .

The child will automatically have German citizenship as the mother is German.

In German Law the mother if she is not married automatically gets sole custody .

If the father wants joint custody he has to file for it in Family Court if the mother does not agree.

The father gets joint custody if this is according to the child' s benefit.


He has however strong visitation rights.

As to child support at the moment he does not make enough money because he has to have 1000 Euro for himself

However he has to make every effort to pay child maintenance , take on every job and so on.

In Germany child maintenance is according to the Düsseldorfer Tabelle which is according to the childs age and the father`s income.

For a child until the age of 6 the minimum amount is 225 Euro a month


I hope I managed to answer your questions.


Please tell me if I have forgotten anything or if there is something you`d like to know.



If I have helped I would very much appreciate getting positive feedback as this is the way I get credit for my work


Thank you so much




Customer: replied 1 year ago.

If the father is a US citizen can she then file for dual citizenship for the child?

Expert:  legal eagle replied 1 year ago.
Desr Customer,

According to German Law this is possible

However I do not know about the legal situation in the US
Customer: replied 1 year ago.

What will she receive in the way of government assistance as an unwed mother in Germany, Maintenance, housing, education?

 

is there a cost for her to file for child support, DNA from Germany?

Expert:  legal eagle replied 1 year ago.
Der Customer,

It depends on whether she is working or not

If she does not work she will indeed receive about 370 Euro maintenance for herself, free housing and of the father is not capable of paying child support she will receive a part of the child support as well


If I have helped I would very much appreciate getting positive feedback this is how the expert gets credit
Expert:  legal eagle replied 1 year ago.
Dear Customer

There will be no costs for her because if she does not work she will get legal aid
Customer: replied 1 year ago.

What about healthcare--I have heard it's a free healthcare system?

Expert:  legal eagle replied 1 year ago.
Yes there is

For both mother and child
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11224
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and other German Law Specialists are ready to help you
Customer: replied 1 year ago.

If he starts to make more money--how is child support calculated -- is there a formula? For instance, in the US it's a percentage--17percent


 

Expert:  legal eagle replied 1 year ago.
Dear customer,

As I have written in my first post maintenance is according to a list, the so- called Düsseldorfer Tabelle.

The Düsseldorfer Tabelle lists the maintenance depending on the father' s income and on the child' s age
Customer: replied 1 year ago.

Is there any reason signing that document could work against me? Does it then give her something to take to court in Germany?

Expert:  legal eagle replied 1 year ago.
Dear Customer,


if your son denies being the father she will be gonig to court anyway and the fatherhood will be proved by DNA.

A signed paper will not establish him being the father

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