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Nina Caldera
Nina Caldera,
Category: German Law
Satisfied Customers: 133
Experience:  dasdasd
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I have a daughter in Germany and my ex partner is refusing

Customer Question

I have a daughter in Germany and my ex partner is refusing to let me have a proper relationship with my daughter . What must I do about this ?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I live in England
JA: What steps have you taken so far?
Customer: I have been paying €100 euro a month and I have been seeing my daughter on the phone via video chat . My daughter is 10 and a half months old
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: my ex partner is also refusing to have my name on my daughters birth certificate
Submitted: 6 days ago.
Category: German Law
Customer: replied 6 days ago.
What must I do from a legal point of view to actually see my daughter in person and to have my name added to her birth certificate?
Expert:  Virtual-mod replied 6 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 6 days ago.
I need an answer to my questions so I don’t end up breaking the law in Germany
Expert:  Nina Caldera replied 5 days ago.

Hello! My name is***** am specialized in international legal advice and today I am going to help you with your inquiry.

Expert:  Nina Caldera replied 5 days ago.

Dear client, are you married or were you married to your daughter's mother at the time of her birth?

Please note that in Germany, it is very important whether a child is born in or out of wedlock. Therefore, the father of a child according to the German Civil Code is the man who is married to the child's mother at the time of birth. The father of a child born out of wedlock can also acknowledge his paternity of the child only with the mother's consent. However, a father is also considered to be a father if he has voluntarily acknowledged the child, or if paternity has been established for the child through legal proceedings.

The paternity of a child born out of wedlock can be applied for at the child welfare office closest to the child's place of residence in Germany. The father must bring his identity card and birth certificate. The mother has to agree to the acknowledgement, only then will the acknowledgement of paternity of the child be valid. Both of them can go together to the child welfare office to complete the formalities, or they can do it separately.

If the mother flatly refuses to approve you as the father of your daughter, you must opt for a voluntary acknowledgement of paternity, which you must claim through the courts, and in this case the appropriate biological tests will be carried out and a judge will determine the procedure to be followed. If you are recognised as the biological father, you will have the rights and duties inherent to parental authority over your daughter.

Customer: replied 5 days ago.
Hello Nina. So how do I go about doing all of this ? The mother has already acknowledged our daughter is mine and I already pay child support. We was going to do all that when I go to Germany next month but now my ex partner has changed her mind
Customer: replied 5 days ago.
Unfortunately I wasn’t married to my ex partner but we had set a date to be married
Expert:  Nina Caldera replied 5 days ago.

Dear client, ideally, your daughter's mother should agree to present the child to you so that you will appear as the father on her birth certificate.

If this is not possible, then you will have to go to the registry office (Standesamt), the office for the protection of minors, to voluntarily claim paternity of your daughter, explaining that the mother of your daughter does not want to accept you as the father when you are in fact the father. There they will explain to you the next steps to take and whether you will have to get an order from a judge to admit a biological paternity test to prove your paternal link to the child.

Even though you are already financially responsible for your daughter, this does not prove your paternal relationship unless it is legally approved by the registry office or a judge.

Customer: replied 5 days ago.
Ok thank you . Will I need an English speaking Lawyer in Germany as my oral German isn’t so good
Expert:  Nina Caldera replied 5 days ago.

Yes, dear client, you can seek a German lawyer to advise you on the steps to take.

Customer: replied 5 days ago.
Thank you flower for all the answers I needed . You have been absolutely immense
Customer: replied 5 days ago.
I will be ringing up lawyers first thing on Monday morning
Expert:  Nina Caldera replied 5 days ago.

Perfect, dear customer. I hope this information has been useful to you. If you have any other questions feel free to contact me and I will be happy to help you.

Thank you and have a nice day!

Customer: replied 4 days ago.
Thank you very much Nina . I will keep you informed on Monday . So have a fantastic weekend flower . You been an immense help
Expert:  Nina Caldera replied 4 days ago.

You too, thank you!

Customer: replied 4 days ago.
How can I email you with the progress of this matter Nina ?
Expert:  Nina Caldera replied 4 days ago.

Of course, dear customer. If you wish you can add me as a favorite expert for future consultations. My name is @NinaC0418

Customer: replied 4 days ago.
Is that your full email address? Also added you as my favourite advisor due to your professionalism and diligence
Expert:  Nina Caldera replied 4 days ago.

No dear customer, if you need to contact me you must do it through this means. I am not authorized to make inquiries by means other than the JustAnswer platform. But thank you for your support!

Customer: replied 4 days ago.
Ah ok . Thank you flower
Expert:  Nina Caldera replied 4 days ago.
Thank you for using our service!
Customer: replied 16 hours ago.
As promised Nina here’s a follow up on my query . My ex partner has agreed to cooperate on getting my name put on my daughter’s birth certificate when I go to Germany next month
Expert:  Nina Caldera replied 12 hours ago.

Good news dear customer, I am glad. I hope all goes well and you can be reunited with your daughter without any inconvenience. Thank you for keeping me informed.

Customer: replied 3 hours ago.
You’re welcome Nina .