	AllExperts > German Law
	Search

About Carolin Schulz-Burgess
Expertise
German legal issues on inheritance, divorce, alimony, child custody and support, last wills and testaments, and other problems involving international family and civil law.

Experience
I am a certified German laywer with professional experience in both German and American law firms. Since 2001 I have been working independently at my firm, German Legal Services. I have represented hundreds of clients on matters involving US-German legal issues. One of my firm's areas of specialization is in divorce and child support and custody issues between members of the U.S. Armed Forces and German civilians.

Organizations
World Affairs Council, German Bar Association

Publications
North Carolina Bar Association Newsletter

Education/Credentials
I received my undergraduate and JD degrees both from the University of Wuerzburg, Germany, whose law school is consistently ranked in the top 10 in Germany.

You are here: Experts > Business > International Law > German Law > Custody / Maintenance

German Law - Custody / Maintenance

Expert: Carolin Schulz-Burgess - 10/30/2009

Question
Hello, my brother is an Australian Citizen and his ex-girlfriend is a German citizen. They split on bad terms and she has said that she is going to go and have the baby in Germany so that he / she will be a German citizen and not an Australian Citizen.

The mother currently resides in Ausralia but has no long term visa so she flies to Germany and does what is necessary to get another visa or extend current one and then comes back to Australia until she needs to do this again.

Can you tell me if it is required for the father to sign the birth certificate?

Can she place my brothers name on the Certificate if he is not present?

If she places father unkown on the Birth Certificate is she entitled to apply for maintenance from the father?

Also in regards to maintenance. If she has the baby in Germany and remains in Germany with my brother not having any custody / time with the child is she entitled to maintenance?

If she returns to Australia does Australian Law govern the situation?

Bit of a mess and your advice would be of assistance.
Many thanks

Answer
Hi: yes, if the mother puts your brother's name on the birth certificate in Germany (and even if he is not named officially, assuming the courts prove paternity) then he is required to pay maintenance unless he hires a lawyer and contests one or more of the points. If he pays maintenance then he does have rights to visitation, etc. If the child resides primarily in AUS then Australian law would apply. If he would like to obtain legal representation here (which would be a very good idea at this point) i would be happy to help him. You or he can contact me directly at csb@germanlegalservices.com for more help. Carolin

Add to this Answer Ask a Question