Legal Question in Family Law in Texas

My brother killed in Iraq I want my nephew

I live in Germany with my husband (US ARMY) and my 3 children. My brother (soldier US Army) was killed 3 months ago in Iraq. He had full custody (temporary) of his son (my nephew) while he was waiting for his divorce to be finalized. His wife (German national) was already living with another man (a convicted felon and known drug seller/user) for several months prior to my brother's deployment. She had limited contact with my nephew(mostly supervised). My parents (retired) stayed at my brother house (Ft Hood TX) while he was deployed to provide care to my nephew. However, now with his death, they have recieved temporary custody. The mother intially fought the custody, but decided to give up the fight with the stipulation that she is not required to pay child support. My parents gladly accepted and moved back to their home in Mexico. However, now we all agree that the best place for my nephew would be in my husband and my care here in Germany. There are several concerns. Because she is a German citizen and my nephew was born in Germany, can she get a German court to overrule the US Court order? And what are my chances of recieving custody of my nephew, I want him to get settled ASAP to help him adjust quickly. What should I do?


Asked on 5/18/07, 3:50 am

1 Answer from Attorneys
Johm Smith tom's

Re: My brother killed in Iraq I want my nephew

This is only a suggestion, but I think you could have the mother renounce her rights to the boy in Germany and then you and your husband could either get custody or adopt the boy. We can give you a free referral to an attorney in any of these locations or possibly do the Texas work for you.

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Answered on 5/18/07, 10:55 am


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