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

Asked about 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. 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.

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  2. 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.

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  3. 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. 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. 11

    Lawyers agree

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

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  6. 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.

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