Based on your information, I assume that your child's father does have a settlement permit (Niederlassungserlaubnis) but hadn´t had a residence permit for eight years at the time your child was born. As a result, your child doesn´t have the German citizenship. In this case, your child can apply for a residence permit in accordance with § 33 sentence 1 of the Residence Act, but is not entitled to get it granted. The decision on the granting of the residence Permit for your child is at the discretion of the immigration authority. It also takes into account whether you, your child and his father live together and whether the family unity can be reasonably conducted outside of Germany (for example, in your homeland ). Only when your child gets the residence permit granted, you can also get one. If you and the father share the joint custody for your child and the father maintains regular contact to your child, you should engage a lawyer to help you in this issue.