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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88353
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I need a lawyer that is familiar with International Visitation

Resolved Question:

I need a lawyer that is familiar with International Visitation rights Between German National and an American.

I need to know what steps I need to take or recommendations to obtain Visitations with my 4 years old son. I have joint custody and visitations that apply only in Germany. I need to get visitations where I am able to bring him to the states.
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Was the court order issued by the German courts? Was the custody matter heard in Germany?
Customer: replied 9 months ago.

I was stationed in Germany at the time and my exwife and I had an agreement for Joint Custody and our own visitations. So in our Decree it states that my ex wife and I had an agreement. That's all. Neither of us contested for sole custody.


 


I came down on Orders for Fort Riley, KS and arrived in August 2013. I tried to come to terms with my exwife for stateside visitations and she wouldn't budge.


I tried to get a court date but non were available before my departure. So now I am forced to try to get stateside visitations established.

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response.

The jurisdiction of this matter is in question and based on the child and ex wife living in Germany, the US courts will not generally take jurisdiction if the child is not in the states already. This is why I asked if this has been before the German courts, because Germany is going to be the only court that will have personal jurisdiction over the mom and child. Even though Germany has signed onto the Hague Convention on Child Custody, the German courts often refuse to recognize US court orders regarding custody and visitations of children residing in Germany, so even if you manage to get a US Court to take jurisdiction, your next battle is going to be in the German courts with a German attorney fighting over the Hague convention and the lower German courts refuse to acknowledge US court orders in most all cases and it requires you to go to the higher German courts on appeals, so this is going to cost you significant money as well to pursue this in the US and then in Germany as opposed to pursuing the matter where obvious residential jurisdiction is located in Germany from the beginning.

The German courts are tough and I do not presume to know the laws there in depth, but I do know from reading cases that they are more favorable to the German citizen on these cases, but do also provide visitations out of the country in many circumstances.

If you try to go to the US courts in KS or other states the issue will be getting personal jurisdiction over the mom and if she does not answer the suit, as she is not obligated to do if she is not a resident of the US, then you would not get a court to take jurisdiction in all likelihood. This means you would want to consult your JAG office to find an attorney in Germany to take up your case directly in Germany and seek this custody directly as it is the most economical and likely best way to get what you are seeking.






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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88353
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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