How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask legal eagle Your Own Question

legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11246
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
44859865
Type Your German Law Question Here...
legal eagle is online now
A new question is answered every 9 seconds

Good evening, I am a single mother from Montreal, Canada and

Resolved Question:

Good evening,
I am a single mother from Montreal, Canada and I have move to Berlin 2 years ago. I currently have a 3 years Visa with a requirement to do the "integration Deutsch Schule" until the class B1. I have decided to move to Berlin to give my daughter the chance to have a father, since he is German and has return to Berlin after our separation in 2008. My Daughter is now 7 years-old.

Now, the relationship between her and him is ok, even though he has a strong temper, it is between him and I that things are not going well. He works as a Bar tender and his schedule does not aloud him to take her more then 2 times a week.
I have few questions since he is menacing me:
1- We have not apply for legal custody and I would like to know how to apply for it here in Germany.
2- In the current moment, am I considered as the main guardian? Do I have more legal power if his menaces comes unmanageable for me and feel I have no choice to move back to Montreal with my daughter?
3- What about child support? What are the laws in Germany for it?

Thank you very much
Faon Shane
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 a family law specialist

If you habe not joint custody you are considered as the main guardian and you have sole custody

Joint custody has its downsides however

Youn cannot move back to Montreal without his consent if you have joint custody.

If you do so and the child`s residence has been in Germany the chikd will be brought back to him by the authorities according to the The Hague treaty for the protection of minors.

Sole custody means that you have the legal power


If the father is German the child automatically should have dual citizenship.

If the child`s residence is in Germany and you still want joint custody you have to turn to the Jugendamt or a notary and give a Sorgeerklärung

Of course he is obliged to pay child support

The laws are very strict here and how much he has to pay is according to his income and according to the child`s age


You do not get monetary child support if you live together becuse then he pays for your living


I hope I was able to help

Have you got any more questions ?

Please feel free to ask
Customer: replied 1 year ago.

Dear Mme Marie,


 


Thank you for your answer,


So we have never apply for joint custody and we do not live together.


I want to apply for sole custody but in the mean time you are assuring me that I do have the sole custody by law?


My daughter has dual citizenship at the moment but she is registered living at both our respected residences.


 


My question is, if we did not apply for joint costudy in front of the law, she is officially under my care. no?


 


How can I make my sole custody official?


 


Does he have to agree to this?


 


Thank you


Faon Shane

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

the laws in Germany are that if you do not consent to joint custody as a single mother you automatically have sole custody.

He does not have to agree to this

There is no need to make that official

It does not matter where your daughter lives as custody is only a legal position

Customer: replied 1 year ago.

I understand, thank you!


Now that I have sole custody, am I obligated to aloud the father to see her an specific amount of time?


Do I have to agree with his education requirements?


 


Where do I apply to get child support from the father?


 


What are his legal rights?


 


thank you


Faon shane

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

yes visiting is crucial and a right that the child has and an obligation to both parents

You can consider this as a legal right he has

You do not however have to agree with his education requirements

If he is visiting however he has the responsibility

If you want child support you apply for a Beistandschaft with the Jugendamt

It`s free and they help you with getting the child support , write to the father and so on
Customer: replied 1 year ago.

Thank you so much!

I do not want to restrict the visits of the father, this IS the reason I have move to Germany!!! I wanted to have an idea if there where a maximul amout of time before it is considered joint custody.

But I now understant that if we have not apply, it cannot happen.

 

 

I have another question,

 

Can I also apply for child support to the City of Berlin?

I'm asking because I'm having a hard time since my Visa requieres that I go to intensive school 4h/day, 5days/week (from 8h30am to 12h30) and that I am a single mother.

 

All these questions are because I want to apply for longer Hort after school so I can work and survive! The father is against it saying I'm puting her emotional health at risk. My demand is so to have an alternative if my work requieres more time on school days...

 

Thank you

Customer: replied 1 year ago.

Thank you so much!


I do not want to restrict the visits of the father, this IS the reason I have move to Germany!!! I wanted to have an idea if there where a maximul amout of time before it is considered joint custody.


But I now understant that if we have not apply, it cannot happen.


 


 


I have another question,


 


Can I also apply for child support to the City of Berlin?


I'm asking because I'm having a hard time since my Visa requieres that I go to intensive school 4h/day, 5days/week (from 8h30am to 12h30) and that I am a single mother.


 


All these questions are because I want to apply for longer Hort after school so I can work and survive! The father is against it saying I'm puting her emotional health at risk. My demand is so to have an alternative if my work requieres more time on school days...


 


Thank you


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


thank you for your patience

Visiting and joint custody are two toatally different matters

Visiting is just seeing the child and joint custody is the legal position only

So theoretically he could see his daughter every single day and this would not change your legal position as a parent with joint custody


Yes yiu can go to the Jugendamt and try to apply for UVG ( Unterhaltsvorschuss ) but they will try to get that back from the father

Also UVG is less than the child support he owes



As you have sole custody you have the right to apply for longer hort hours and the father does not have a say in it




I hope I was able to help


If so I would very much appreciate getting a positive feedback because this is how I get paid for my work

thank you
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11246
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

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • RA Schiessl

    Attorney

    Satisfied Customers:

    15
    Attorney-at-law with more than 16 years of experience - board certified specialist.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/RASchiessl/2013-3-18_10659_1.64x64.JPG RA Schiessl's Avatar

    RA Schiessl

    Attorney

    Satisfied Customers:

    15
    Attorney-at-law with more than 16 years of experience - board certified specialist.
  • http://ww2.justanswer.com/uploads/SC/SchiesslClaudia/2013-11-27_153731_unnamed2.64x64.jpg legal eagle's Avatar

    legal eagle

    Attorney

    Satisfied Customers:

    554
    20 years of experience in all kinds of law, especially employment law and family law.
  • http://ww2.justanswer.com/uploads/HH/hhvgoetz/2012-9-26_165512_DSC05932KopieKopie.64x64.JPG hhvgoetz's Avatar

    hhvgoetz

    Rechtsanwalt, LL.M.

    Satisfied Customers:

    95
    LL.M. in International Trade Law (Newcastle upon Tyne, UK)
  • http://ww2.justanswer.com/uploads/a.merkel/bwbilda.jpg a.merkel's Avatar

    a.merkel

    Rechtsanwältin; LL.M. Eur.

    Satisfied Customers:

    62
    1.+ 2. Staatsexamen; LL.M.(Master of Law)
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    428
    Spanish Attorney
 
 
 

Related German Law Questions