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About Andreas Moser
Expertise
International family law with connections to Germany. Separation, divorce, alimony, child support, custody, visitation, adoption, international child abduction, military divorces, etc. Representing clients all over Germany.
Experience
After getting my 2 German law degress, I interned with the US Army JAG Corps for half a year, supporting US soldiers in Germany and helping them with their family law questions.
Since 2002, I have my own law firm (www.moser-law.com) specializing on international family law. Extensive experience in German-American and German-British cases, including hundreds of military divorces. Bar-certified Specialist for Family Law.
Organizations
German-American Lawyers Association, German-Israeli-Lawyers Association, and others
Publications
A list of published court decisions of my cases is available on http://moser-law.com/anwaelte-e.htm
Education/Credentials
My CV is available on www.moser-law.com/anwaelte-e.htm
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You are here: Experts > Business > International Law > German Law > German Law regarding moving to the US
Expert: Andreas Moser
Date: 5/9/2008
Subject: German Law regarding moving to the US
Question
I am a US citizen, my girlfriend who is a German citizen wants to move to the states and live with my three children and me with her five year old daughter. Her daughter resides with her full time and the father only sees her one day a week, that is when he does actually pick her up. He does not pay child support and recently has not seen his daughter since her 5th birthday last month. My girlfriend was not married to the father but did mention that she signed something acknowledging that he was indeed the father.
My questions are if, big IF, the father decides he wants to contest my girlfriends visit to the states or move if we decide to get engaged, which is a very strong possibility at this point, what is the courts typical position for a case like this in Germany. I am familiar with US law and I know that in the US you would have to have permission from the other parent or get 100% physical and legal custody in order to move your child out of the state or country contested. I believe she would eventually win full custody since the father had not stepped up to his responsibilities with his daughter, but am worried this process could be a very long engagement.
Is the law the same in Germany for a mother wishing to leave Germany and move to the states?
If so and the father decides to fight the move, what is the process for getting 100% physical and legal custody in Germany?
What is the typical time frame and cost for gaining full custody of her daughter in Germany?
Is the process long like here in the states, typically 6-9 months without major delays?
Answer
Hello Derek,
in this case, the legal situation is exactly the same as in the US:
IF they have joint custody, she needs the father's consent or get a court order either granting her sole custody or specifically allowing her to move to the US.
But if they were never married, they only have joint custody if she also signed a joint-custody declaration. She could find that out from the Jugendamt where she also signed the acknowledgement of paternity.
The time frame would also be around 6 months approximately.
The chances for her winning sole custody are hard to determine without having seen and spoken to both parents. The father regularly seeing the daughter does show that he has a vested interest, so the court might be reluctant to transfer sole custody to her.
The costs depend on which lawyer you hire ;-)
With me, it's 180 EUR per hour plus 19 VAT, which is probably more on the high end of what you have to pay in Germany for family law cases.
So, please have her find out if they even have joint custody, because right now that's the important parameter.
All the best!
Andreas Moser
Rechtsanwalt und Fachanwalt für Familienrecht
(Attorney at Law and Family Law Specialist)
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Gustav-von-Schlör-St 10, 92249 Vilseck, Germany
phone: 49-9662-289981 - fax: 49-9662-701391
cell phone: 49-172-8100726
www.moser-law.com
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