can stepdad get rights over german citizen 13yr without mothers consen

Discussion in 'Use of the Law Forum & News' started by ULMERSPATZ, Jan 28, 2014.

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  1. ULMERSPATZ

    ULMERSPATZ Law Topic Starter New Member

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    My daughter and I are both german citizens. I want to move back to germany in march with her. Suddenly she's not excited about this move anymore and wants the american family court allowing her to stay with her stepdad. Can SHE really do that without my consent? Bio father is german and on the birth certificate and still has contact with the both of us.
     
  2. army judge

    army judge Super Moderator

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    A German court ruling means very little in the Us, and vice versa.

    That said, how do you propose getting her back to Deutschland?

    Is bio-dad in Deutschland?

    Does baby have a passport?

    Is there currently a US court order? What does it decree?

    Is there a German court order?

    Have you spoken with the German Embassy?

    Why would any court listen to the stepdad?

    The child has no say. Why do you feel the court (what court?) is listening to the child?
     
    Last edited: Jan 29, 2014
  3. Proserpina

    Proserpina Moderator

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    Absolutely not.

    The ONLY person who can rock the boat is her legal father.

    StepDad has absolutely no chance of stopping you, and your child has absolutely no choice in this.
     
  4. Betty3

    Betty3 Super Moderator

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    There is no way that the court would allow the 13 year old to remain here with stepdad even if that is what she & stepdad wants. She is too young to make that decision & stepdad doesn't have the authority to make the decision.
     
  5. Proserpina

    Proserpina Moderator

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    To reiterate and perhaps avoid confusion:

    There is, at the moment, absolutely nothing preventing Mom and child from leaving on the first flight to Berlin.

    If BioDad doesn't want her to take the child, only he can file something to prevent the child from relocating.

    Stepdad's wishes are completely irrelevant. And realistically, the child's wishes are irrelevant.

    The only time the child's wishes would come into play is during a custody matter involving Mom & Dad, not Mom & Stepdad.
     
  6. ULMERSPATZ

    ULMERSPATZ Law Topic Starter New Member

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    Yes! Daughter has German passport. Yes! Bio dad lives in Germany. There is NO court order here in the US. Stepdad wants to get one though! Based on the grounds that he's been involved in child's life for the last 10 yrs. HE took her green card away but I'm having my daughters passport. He said Wisconsin law would allow my daughter to stay based on the "best Intresed of the child". Yes! Ive talked to the German embassy. They told me since his name is NOT on the BC I should b ok. And since she was born in Germany the German law would rule over the US law. But stepdad said the day I want to leave he would take my daughter in front of judge so she can convince the judge that he should let her stay. Reason....relocation will harm the child and she would b separated from her other siblings! Im just really worried that they might stand a chance doing this. Any advise plz? I have more info if necessary.
     
  7. Betty3

    Betty3 Super Moderator

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    I don't see the stepdad's wishes/reasons or the child's wishes/reasons for staying are going to come into play here. I believe your chances of leaving with her are much better than their chances (if there are even any) of her staying.
     
  8. army judge

    army judge Super Moderator

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    I suggest you make your travel arrangements and keep them to yourself. Don't even tell the child. When the time comes to leave, just go. Don't worry about packing a bunch of stuff. Pack light a day or two ahead, or ship some stuff.

    Take child to store, mall, etc... Don't tell child until you're walking in the airport. Take cell phone away from kid, or deactivate it to shut down at certain time, or hide it. Your goal, get on the plane, get gone.
     
  9. Proserpina

    Proserpina Moderator

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    Okay hon. Please listen to me.

    Stepdad can't even FILE anything with the court. He doesn't have "standing" to do so.

    He WILL NOT WIN.

    There is absolutely NO CHANCE he can stop you from taking your child back to Germany.

    Do you have any way of completely staying away of him until March? You need to stop all contact if possible. No calls or texts.

    Can you move your leaving date forward?
     
  10. ULMERSPATZ

    ULMERSPATZ Law Topic Starter New Member

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    First of all I want to thank everyone on here for the helpful answers. NOW...no, I can not go anywhere else til March. My daughter once again told me that she's not going to Germany with me. I'm still very worried about them filing a petition. Supposedly her stepdad does have a chance... I was married to him back in Germany and got a divorce over there. When I got pregnant we were already seperated and he was already living in the US again. I can't make a big secret about move cuz I've filed taxes "single" this time. So....he kinda figured it out. I am SOOOO scared rite now that I might have to leave my daughter here. It seems very impossible that a Judge would rule in HER favor . But I've heard so many horrible stories about child custody over here....I just don't know on what to believe anymore . Again....I appreciate any answer/advise from u guys. So plz, if u know anything ...would b really helpful. Thank u!!
     
  11. Proserpina

    Proserpina Moderator

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    Here's the thing.

    If Germany recognizes stepparent rights, he must file in Germany to exercise those rights AND he would need to sue your child's father too.

    If Germany does not recognize stepparent rights, then he has nothing. Still.

    May I ask who is telling you all of this nonsense?
     
  12. Betty3

    Betty3 Super Moderator

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    I think you are over worrying here. You most likely will leave with your child & there will be no problem.
     
  13. ULMERSPATZ

    ULMERSPATZ Law Topic Starter New Member

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    Germany does NOT recognize stepparent . Already spoke to the CPS over there. But one Lawyer here in Wisconsin told me that he had a similar case a few yrs ago and the child was granted to remain here. He also said that if my daughter is NOT an American citizen then she will NOT have presumption on her side . I don't even know what that means exactly. And my soon to be X keeps telling me that my daughter will be heard by a judge and that HE will be able to keep her and all that I would get will be visitation rights. I'm sorry, but I can't help being so worried . Unfortunately I don't have all this money to hire a Lawyer. And on the other hand, I never thought I'd needed one. May I ask if u guys are Law Students? You seem to know a whole lot about this matter.
     
  14. Proserpina

    Proserpina Moderator

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    Does she have dual citizenship?
     
  15. Proserpina

    Proserpina Moderator

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    Afterthought: which US state is involved?
     
  16. army judge

    army judge Super Moderator

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    Que sera sera

    When I was just a little boy
    I asked my mother, "What will I be?
    Will I be handsome, will I be rich?"
    Here's what she said to me

    "Que Sera, Sera
    Whatever will be, will be
    The future's not ours to see
    Que Sera, Sera
    What will be, will be"

    When I grew up, I fell in love
    I asked my sweetheart, "What lies ahead?
    Will we have rainbows, day after day?"
    Here's what my sweetheart said

    "Que Sera, Sera
    Whatever will be, will be
    The future's not ours, to see
    Que Sera, Sera
    What will be, will be"

    Now I have children of my own
    They ask their father, "What will I be
    Will I be handsome, will I be rich?"
    I tell them tenderly

    "Que Sera, Sera
    Whatever will be, will be
    The future's not ours, to see
    Que Sera, Sera
    What will be, will be"




     
  17. ULMERSPATZ

    ULMERSPATZ Law Topic Starter New Member

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    No. She is German citizen. She has a German passport . Well, and a green card. US STATE is Wisconsin
     
  18. ULMERSPATZ

    ULMERSPATZ Law Topic Starter New Member

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    @ army judge.... Why those lyrics ??
     
  19. disagreeable

    disagreeable Well-Known Member

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    If you have her passport and she is not a US citizen, put her on a plane and leave before it gets complicated.
     
  20. Proserpina

    Proserpina Moderator

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    Excellent. I hope this makes you relax a little.

    Your child is not a US citizen.

    You are obviously not unfit.

    Your ex is what's called a "legal stranger". He is not your child's father either legally or biologically.

    This is directly from Wisconsin:

    And to expand a little:


    None of these apply to you. But even if they did, your ex STILL can't keep your daughter, and the very second she's back in Germany, it's a done deal.
     
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