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I have been married to emotionally and verbal abuse person and unfortunately have a child with him. Please due to the fact that I have a child with him which through the child he will get his resident permit, he has started mistreating me and my 3 years old boy verbally and emotionally. I have realised that he purposely married me for the papers.
Please is it the end of it?
Or is there a way that l can stop his permit to be given to him? Because l know that surely he will leave us and all the burden and frustrations, l will bear alone while he will have his way. Our marriage is not yet registered here in Deutschland. And Sorgerecht has not yet been done although we have done vaterschaftsanerkennung.
Please help me out since l feel so used and betrayed. Please
asked Jul 10, 2022 in Legal advice by Lydia | 207 views

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1 Answer

+1 vote

Dear Lydia,

If your partner is not willing to leave and you feel unsafe and have no other place to go, you can be housed at a women’s shelter (Frauenhaus). These exist throughout Germany. They will provide you and your son with a place to stay and your partner will not be able to find out where you are. The staff at a Frauenhaus will also assist you with other day-to-day matters and bureaucracy.

Here is a site you can search all over Germany in English for such a place:

https://***.frauenhaus-suche.de/en/?jumpto=searchResults&cHash=9984fd0e661a53907dfb5d70ff4fdffe

If you feel in immediate danger, you can always call the police on 110.

If you do not wish to go to a Frauenhaus, I recommend you contact either the state authority for children ‘Jugendamt’ or a local family advisory service (Familienberatungsstelle). Both can be found throughout Germany and will assist your family. At a family advisory service it is common to find someone who speaks English. If you feel more comfortable in another language, you should request them to provide you with a translator. In any dealings with the Jugendamt, they should provide a translator.

Your partner does not at present have custody rights (Sorgerecht) but does have access rights (Umgangsrecht). These access rights can be restricted or removed if the welfare of the child is endangered. The Jugendamt or family advisory services can assist you in regulating the access rights of your spouse. One example is ‘accompanied access’ (begleiteter Umgang), where the other parent can meet with the child but only in the presence of a professional from such a family service.

Here is where you can search Germany for a family advisory service, there is also an option for non-German services (the website itself is unfortunately only in German):

https://bke.de/virtual/ratsuchende/beratungsstellen.html

To have a residence permit due to having a child in Germany, there has to be a relationship between parent and child. The Ausländerbehörde would check the nature of the relationship between parent and son to see it was sufficient grounds to issue a permit. They **** at how often there is contact between the parent and child, the nature of the relationship, statements from social workers, financial support etc.

A resident permit for a spouse is generally only possible as long as the couple live together. If the relationship ends, then the right to be resident in Germany ends unless the person has been living in Germany for three years.

I hope this helps a bit, let us know if you need any more help with this.

Best,

Éana

answered Jul 11, 2022 by mbeon-Éanna
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