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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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One year ago my Husband threw me and our son out of our apartment,

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One year ago my Husband threw me and our son out of our apartment, and threatened to hurt me if I came back. I had no place to go so I went back home to Germany with our son. After a few months he flew over here and we went to court in Germany and made an agreement. He signed it and I signed it in court saying that I will move back to the U.S. and he can have our son on the weekends. When I went to drop off our son on Friday, he said that I am never going to get my son back and that there was nothing I could do about it. I went to the police station, but they said that there was nothing that they could do about it, and that the agreement we signed in court in Germany doesn't mean anything in the U.S.. I cant believe that there is nothing I can do to see my son again. Any advice or help would be appreciated



I am an attorney with more than 25 years of experience and I look forward to providing you information in this regard

It is unfortunate that the agreement you have will not allow the police to help you.


However, I suggest you will need to go to the court in the county where you live and file to have an emergency hearing for temporary custody. You can get the documents to file on your own from the clerk of the court - explain what has happened and that you want a Temporary custody emergency hearing.


Then I suggest you consider consulting with a local attorney to file for a divorce, get child custody, child support and maybe even alimony.


I am sorry he has done this to you. What a terrible thing to do to the child.

Please note that I can only answer what you ask and so if you have more questions or need clarification, please ask it here. Otherwise, I thank you in advance for a positive rating.


Customer: replied 4 years ago.

Is the agreement that he signed in court in Germany valid in the U.S.? At the minimum wouldn't it be a legally binding agreement since we both signed it in front of our lawyers.



You should definitely use that in the temporary hearing to show the court what a Jerk he is and how he is not on the up and up and wants to try to do things against the best interest of the child


So it is binding in that respect. But it is not binding in the respect that the police will assist. It must be taken to civil court to get this straightened out

Customer: replied 4 years ago.

He said that I would never get to see my son again, so I'm wondering when or how is it considered kidnapping? I know that one parent can kidnap their child, so when would it be considered kidnapping?



It is only considered parental kidnapping when there is a US Court Order stating that one parent has custody and if the parent who has visitations does not bring back the child.


But your German agreement is not valid and so you need to go to the court, as I suggested and get the US court to get the order.


You can do that tomorrow. You can go to the clerk of the court in your county and explain the matter and request and emergency hearing. The court may grant you a temporary custody order and then you can get the sheriff to go get your son



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