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Custody Involving Children of Dual Citizenship

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  • 10-15-2007, 03:31 AM
    nevergiveup
    Custody Involving Children of Dual Citizenship
    Hi, I hope someone out there can help me.

    My children and husband have dual citizenship (U.S. and Germany). We all moved to Germany about 3 months ago. Before we came here, and during one of our many divorce talks, my husband decided to move to Germany with the kids. After many months of soul searching and therapy, I have also decided to move to Germany with hopes of salvaging our marriage and as a last measure of keeping our family unit intact.

    While we were still in the States, my husband decided to apply for our children's German citizenship. When asked, he had explained that it would be beneficial to the boys to have dual citizenship so that they can receive citizen benefits in Germany. I signed off on the application based on his information.

    Recently, I have decided that I will return to the States because I do not see our situation improving, and because we are back to exactly where we were before. When I told my husband about my decision to move back, he told me that the children cannot leave because they are German citizens and that the German court has jurisdiction over custody issues.

    He also revealed to me that the real reason behind applying for the boys' German citizenship was to ensure that the boys remain in Germany under his full custody. He was confident that the U.S. courts have no say so on this matter and that the German court cannot force its citizen to leave his country. So, he said, he didn't care if I went back to the States but should give up on the idea of getting custody.

    I am angry and sad that he planned this in advance with the intent to deny me/my children access to each other in the event of our divorce. I can't see this as anything but a bad faith ploy to prevent me from having a relationship with my boys.

    Does any one have advice on what I need to do?
  • 10-15-2007, 05:20 AM
    Baystategirl
    Re: Custody involving children of dual citizenship--need expert advice
    How long has the children lived in Germany? Why Did you allow him to move the children to Germany in the first place?
  • 10-15-2007, 06:05 AM
    nevergiveup
    Re: Custody involving children of dual citizenship--need expert advice
    The boys and I have lived here for 2.5 months. I did not agree to have my husband take the boys to Germany, although there were discussions that it could be a good idea for them to be there (of course all based on the sunshine story that my husband provided, i.e. proximity to his family, friends, improvement in standard of living...etc). This is obviously a very complex issue and one that I could not decide on firmly. So, I did go back and forth. Another reason that influenced my back and forthness was at the moment when this relocation to Germany came up, I lost my job.
  • 10-15-2007, 06:07 AM
    nevergiveup
    Re: Custody involving children of dual citizenship--need expert advice
    I didn't answer the question clearly. After months of discussions, I have agreed to give Germany a try. I came to Germany with my children. I hope this clarifies.
  • 10-15-2007, 06:31 AM
    Baystategirl
    Re: Custody involving children of dual citizenship--need expert advice
    Quote:

    Quoting nevergiveup
    View Post
    The boys and I have lived here for 2.5 months. I did not agree to have my husband take the boys to Germany, although there were discussions that it could be a good idea for them to be there (of course all based on the sunshine story that my husband provided, i.e. proximity to his family, friends, improvement in standard of living...etc). This is obviously a very complex issue and one that I could not decide on firmly. So, I did go back and forth. Another reason that influenced my back and forthness was at the moment when this relocation to Germany came up, I lost my job.

    I think if I were you I would either find an attorney that specializes in International Custody cases or speak to someone at the American Embassy....I find it hard to believe that a Government would award custody to Dad and force children that have always lived in the States to live in Germany...But that might depend on their ages..How old are the children?
    You also have hurt yourself because you consented to the move...ie..you didn't file to have the children kept in the States.
  • 10-15-2007, 07:07 AM
    aaron
    Re: Custody involving children of dual citizenship--need expert advice
    Has he actually filed for custody in Germany?

    Germany is somewhat notorious for custody issues, due to its presumptions that German children are better off being raised in that nation's language and culture.
  • 10-15-2007, 07:11 AM
    Baystategirl
    Re: Custody involving children of dual citizenship--need expert advice
    Quote:

    Quoting aaron
    View Post
    Has he actually filed for custody in Germany?

    Germany is somewhat notorious for custody issues, due to its presumptions that German children are better off being raised in that nation's language and culture.

    Even children raised in America? I could understand if the children were raised in Germany...But not if they were there only a few months...
  • 10-15-2007, 08:51 AM
    nevergiveup
    Re: Custody Involving Children of Dual Citizenship
    Aaron,

    My children are American. They were born in America, went to American kindergarten, raised in the American culture. They are German on by blood.

    I have already contacted the Consulate in Berlin and hope to receive some more insight on how I need to proceed with this. My concern, which you address, is that Germany having jurisdiction over our case will put us (my children and I) at a disadvantage because I am also of the opinion that the Germans believe their system is superior, which I disagree with since I have lived in the States and have also observed it here.

    I've contacted my counsel in the States as well and she will do some research and revert.
  • 10-15-2007, 08:54 AM
    nevergiveup
    Re: Custody Involving Children of Dual Citizenship
    As far as custody in Germany is concerned, we are both their legal guardian (unless he's done some other premeditated things behind my back).
  • 10-15-2007, 08:57 AM
    aaron
    Re: Custody Involving Children of Dual Citizenship
    Quote:

    Quoting nevergiveup
    View Post
    My children are American. They were born in America, went to American kindergarten, raised in the American culture. They are German on by blood.

    Take it up with the Bundestag. I don't make German laws or set German policy.
    Quote:

    Quoting nevergiveup
    View Post
    As far as custody in Germany is concerned, we are both their legal guardian (unless he's done some other premeditated things behind my back).

    So custody litigation occurred in Germany and it is over?
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