Expert: Carolin Schulz-Burgess - 10/23/2009

Question
Hi,
I am an umarried father from UK who regularily visits his child in Germany every 6/7 weeks. We lived together in UK and when the relationship ended  she returned to Germany when my child was 2 yrs old. I pay child support and child benefit to his mother in Germany. She and my child are German nationals. My name is on his birth certificate and his German passport.  My problem is that unfortunately his mother is terminally ill and refuses me custody. My question is would i get custody of my child in the event of his mothers death? Or do i need to apply for it?
Many thanks,
Mark

Answer
Mark: First, let me say I am sorry to hear about your unfortunate situation. The short answer to your question is that you would need to apply for it. It would be ideal if you could somehow obtain joint custody before the mother passes. I can, of course, help you organize this if you choose. You can contact me directly at csb@germanlegalservices.com for further help. Sincerely, Carolin