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I have a child and the mother has consented to the Vaterschaftsanerkennung and saying is taking the Sorgeerklärung (Sole Custody)
1. I'm holding Duldung. How are my chances of getting the Sorgeerklärung from the family court if I contest.
2. Can I be deported without the Sorgeerklärung in case the family court fails me?
3. Can I be granted residence permit without the Sorgeerklärung under the Herten Law?
asked Jul 14, 2020 in Legal advice by Danny OKK

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2 Answers

0 votes

Dear Danny OKK, 

Welcome to the Wefugees Community and thank you for reaching out to us. 

I am not an expert on family law, but you may want to get in contact with the "Jugendamt" in this matter. They can mediate between the parents if they don't agree on the custody question. The "Jugendamt" will first and foremost act in the child's interest. Only if they are not successful the situation might need to be solved in court. 

I will link two of our experts here also. Dear @alla_fka or @mbe-on_Zsigó, can you give more information on the chance of getting a residence permit without the formal custody and the risk of being deported? I assume that this might also vary between the regions in Germany. Taking care of the child will be nevertheless essential for a related right to stay in the country I guess. 

All the best, 


answered Jul 17, 2020 by Meike
0 votes

you can try to get a custody of a child (Sorgerecht) through the court procedure, if the mother rejects to give it to you. The chance is open, it depends on the situation: if you are really caring for a child or are prepared and able to do it, how is your relation to the mother etc. Anyway you can first speak to Jugendamt, like Meike wrote, and try to convince them on your good intentions.

Your chance to stay in Germany can be better with the custody of child, but only if you really care for the child and it can be proved. If it is a German child, your chance is better. But there is no general guarantee that you can't be deported. Even with a parent of a German child it can be the case. It depends on your personal situation and on the Ausländerbehörde.

If you really care for the child and have a document that you are the father, you have some chance to get a residence permit even without Sorgerecht. The more important question is, if you can really care for the child intensively. Why does the mother rejects giving you Sorgerecht? If you don't live together and you don't see the child regularly, your chance is mostly lower.

This is naturally a very general opinion. You must better consult a lawyer who has expertise both in migration law (nesessarily) and family law. Or you must find a good councelling center, which can analyse your situation on an individual basis in detail.
answered Jul 24, 2020 by Alla_fka
Many thanks for the valuable information, dear @alla_fka! :-)
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