Is there extradition in Germany?

Question

I and my son are U.S. citizens, His mother is not ...She is a German citizen. If I let her take him to Germany what would happen if she decided to stay there what issues would there be getting my son back to the U.S. Does Germany have extradition what type of dilemas would I encounter

who should I contact to find out more about this

Answer 1

Actually, to the contrary of what some other people are saying, your son is a German citizen. German nationality law states that if you are born to a German citizen (female or male), irrespective of whther they are naturalised citizens or natural born, nor does it matter if the parents have never even set foot in Germany.

If you are not married, your son's mother has to get you to sign a waiver stating that you agree to let your son accompany her overseas. At the end of their vacation, she must return your son to you in the US if you hold custody rights of the child. If she doesn't, there are legal channels you can go through to to force her to return your son. She can be charged with abduction if she doesn't hold custody rights. But since this crime would be committed in Germany and not the US, she would be prosecuted in Germany and extradited to the US.

Answer 2

If she takes him there and stays... all you can do is go there and try to steal him back

Answer 3

she cannot legally take him there without you okaying it and signing a passport. go to www.travel.state.gov see germany and see family law on the tabs. good luck if she does without your permission it could be a crime.

Answer 4

Are you divorced? Officially separated? You live together but she is a little unstable? Are their any judicial aspects between you thee (she was awarded full parental benefits, restraining order, etc.)?

How old is your son?

Such issues have had various results, depending on those points — and the lawyers.

Answer 5

First of all your son is US citizen however he is also eligible for German citizenship since his mother is German. If your wife would not return with your son she would according to German law be a criminal as well. We call it child abduction here. In your case doesn't matter that much. It is more about where the child has its usual point of life and that is US. So she can't keep your son legally. However overhere we say to have rights and two get them are two diefferent things. So it is quite tricky

Answer 6

first of all, your son is an American citizen, he cannot become a German citizen in a snap, lots of details here to be taken into consideration,

it is late here, i must lie down , 1.21am, i will come back tomorrow, and i will look into it, i have a pretty good idea already , but i have to look at one detail first, i see you tomorrow ,

ps:

hello,

If you were born on or after January 1, 1975:

If your parents were married at the time of your birth you acquired German citizenship if at least one parent was German.

If your parents were not married at the time of your birth you acquired German citizenship if your mother was German; you did not acquire German citizenship if only your father was German. However: a person born out of wedlock on or after July 1, 1993 can acquire German citizenship if only the father is German and if the father acknowledges paternity.

this is what the law says about German citizenship:

now? on the extradition in Germany, it is very complicated as well....the Hague Convention is applied in Germany, since Germany belongs to the countries within the Hague Convention,the age of the child, is very important as well,

if your child is abducted to Germany?:

You may qualify to apply under the Hague Convention if:

Your abducted/retained child is currently under age 16;

Your child was habitually resident in a Convention country immediately prior to the abduction; (for your case the answer is yes)

Your child was retained in/abducted to Germany after the Hague Convention entered into force on December 1, 1990; and

You had and were actually exercising a "right of custody" at the time of the abduction/retention.

now, how old is the child? and are you married to the mother? i imagine so, since you are talking about her being in the US,

do come back and answer theses questions,if you wish of course?

if you do not know how to add comments? click on the little pencil under your question,and add,

i will come back,now you must be lying down still? time difference again......