Here you can ask, answer and find questions surrounding the topic: arriving in Germany
Hello sir. If my woman only give me father serve do I stand a chance to get permit of stay in Germany.she don't wanna give me surkarest
asked Dec 16, 2018 in Legal advice by Lamin7746

Please log in or register to answer this question.

2 Answers

0 votes

Dear @Lamin7746,

Thank you for being such an active member of the Wefugees community!

Could you please clarify your situation for me - the mother of your child has sole custody? You two are not married, is that correct? I'm not sure I understand what you mean by "surkarest" - are you referring to custody (Sorgerecht)?

If you are asking what your chances are to receive a residence permit as the father of a child that you don't have custody of, the answer on this thread might help: https://www.wefugees.de/800048/residence-permit-germany-because-mother-residence-permit

As the experts mentioned on the thread, 

"As a father of an underage child who does not have the German citizenship, you can try to apply for a residence permit, but you´re not entitled to get it granted."

It looks like the best thing you can do is to talk to a lawyer (or seek free legal advice). Here is a website listing places where you can receive free legal advice in Germany: http://www.refugeelegalaidinformation.org/germany-pro-bono-directory

If these sources don't answer your question, please get back to me with the information I asked you for and I will do some more research.

All the best,

Isa

answered Dec 17, 2018 by Isa
0 votes
I would advice you go to the Court to contest it.. And she has to have a genuine Reason why she don't want to give you the custody of the child. It takes two people to make a child. And I could say you do need the custody in order for you to be able to get the residence for taking care of your child. But if you don't have a good relationship with the mother of your child, I would suggest you take a lawyer and then go to a family court
answered Feb 4 by Charington 26
2,864 questions
3,554 answers
5,065 comments
133,659 users