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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11053
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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My gf and I are no longer together but we have a child together.

Customer Question

My gf and I are no longer together but we have a child together. We never married each other, but because of the break up in which I ended e relationship she no longer allows me to see my daughter. I and her are both German citizens along with my daughter. She will return to Germany at the end of this year.

1) when I return can I file for joint custody? Do I have the ability to have 50/50 with my daughter

2) there is a chance I can't return to Germany where my permanent address will be the USA. Can I still get custody for visitation if I opt to visit once a month for a whole week and have her under my care during that time.

Will the judge grant me rights to my child.
Submitted: 10 months ago.
Category: German Law
Expert:  legal eagle replied 10 months ago.
Dear Customer,

Thank you do much for using Just Answer.

In German Law custody and visiting are two entirely different matters altogether .

Visiting means the right to seeing the child and is a very important right of parent and child .

Custody means the right to make decisions on behalf of the child.

Visiting is so important and considered beneficial for a child's welfare.

So of course you get the right to visit once a month and take your kid under your care.

The child has the right to know his or her father .



You can just file a motion before family court and there is going to be a court appearance within a month .



As to custody this has become far easier.


The only difficulty in that is going to be the fact that you live so far away.

So if your consent is needed or just your signature there may be some difficulties.


Buh visiting is by far the more important right, custody is just a position on paper.



I hope I was able to help


Please tell me whether you have got any further questions

Expert:  legal eagle replied 10 months ago.
Dear Customer,


Have you got any further questions?

Please be my guest
Expert:  legal eagle replied 10 months ago.
Dear Customer

If you return to Germany joint custody will be a piece of cake as the law has changed no matter whether you have been married or not
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11053
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
Expert:  legal eagle replied 10 months ago.
Dear Customer,


Please tell me if you have further questions

If not I would really appreciate getting a positive feedback for my answer because otherwise I will not get credit for my work

Thank you
Customer: replied 10 months ago.

Dear Claudia,


 


I have no idea where to begin. If i want to avoid the courts, can i get my ex to sign a written document granting me access to my child.


 


Or would the support of the courts be the proper forum to initiate.


 


This is my first time going through this and I don't know where to begin or how I should start.


 


Thanks,

Expert:  legal eagle replied 10 months ago.
Dear Customer,


the problem with everthing done outside of court is that it is not legally binding.

So a signed document is useless as is a agreement with the Jugendamt


So if she is not to be trusted you have to go to court

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