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

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

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Attorney answers 6


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.


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 educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


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: Phone #: 718-208-6094 email: This answer is only for informational purposes and is not meant as legal advice.


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.


Better retain a family lawyer & file for custody.

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