Legal Question in Family Law in New York

Re: Foreign Father

I echo Mr. Morley's response.

Re: Foreign Father

I do not see how the use of the father's name will have a significant impact on custody and visitation. It is not possible to answer the remaining questions without knowing more about the case. If the child is in New York you should probably seek a custody order as soon as possible. You should consider carefully whether to press for an order preventing the father from removing the child from the U.S. for a visit. Perhaps you should push for a provision requiring visitation only in New York. This depends on a host of factors. Child support should probably be set here and the order taken to Germany for enforcement. This is not legal advice because I have not been retained and I have not reviewed your specific facts.

Jeremy Morley

www.international-divorce.com

Re: Foreign Father

Child custody is always a difficult question. I hope the father is a good and decent man and will make every effort to be a strong and positive influence in his child's life.

I want to assist you with your legal questions as well. If you are an American citizenor the child was born in the US, then the child is entitled to US citizenship. There are a couple of Immigration issues if the facts are different.

Regarding the custody/support issues; your legal residency entitles you to use an American court and American law for this case (NY law , if that is the State where you make your home).

Using a NY court will pose few problems for you. Custody can be established for you here and any support can be collected from the father (if he chooses not to pay voluntarily) in Germany.

The visitation issue is a little bit more complicated. But it is possible that the father will be permitted to have the child (when he/she is old enough to travel - 2 years is likely if the father comes to NY to travel with the child, 8 for the child to travel alone) visit him in Germany if he pays all travel costs.

The name given to the child has very little legal significance. The courts and judge will not take this into account in making any decision. That is a private decision between you and your family.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029