Can my alien wife (German) move with my son to Germany without my permission?

Asked almost 2 years ago - Barton, NY

Married one year in Germany moved to us after I got out of Air Force and now she wants to move back to Germany and take him we have started her immigration and my son is duel citizen

Attorney answers (6)

  1. Marco Caviglia

    Contributor Level 20

    14

    Lawyers agree

    Answered . Obtain a court order through an attorney to prevent her taking the child out of the country without a relocation hearing, assuming NY has jurisdiction through adequate residency of the child. There are also one or two treaties or international compacts that come into play, reinforcing you need of an attorney, but you should act quickly.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  2. Howard A. Schwartz

    Contributor Level 20

    14

    Lawyers agree

    Answered . You should file for custody immediately in order to get the courts involved. Even if you obtain a visitation order it would make it extremely difficult for her to soirit your child out of the country without your permission. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  3. Jean M. Mahserjian

    Pro

    Contributor Level 14

    12

    Lawyers agree

    Answered . If your son has been in NY State for 6 months, a NY court has jurisdiction over custody. I would recommend that you meet with an attorney as soon as possible to discuss filing in Family Court to prevent her from taking your son to Germany.

  4. Deborah G. Fiss

    Contributor Level 14

    11

    Lawyers agree

    Answered . You should file a petition in Family Court for custody claiming that your wife is seeking to interfere with the father/child relationship. International law does not play into this since your aim is to keep your child here so long as you act right away. Best defense is an offense.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . Better retain a family lawyer & file for custody.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. Morghan L Richardson

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . I would only add that you should not delay - find a lawyer. This type of case can get ugly and expensive very quickly.

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,389 answers this week

2,929 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,389 answers this week

2,929 attorneys answering