Without custody of my child - Do I have a chance to get a residence permit for Germany?

Question

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

Answer 1

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://***.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: ****://***.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

Answer 2

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