I am a foreigner about to get a divorce from my German husband. We have been married for a little over 2years and we have an 18month-old child together. I came here on a student visa. Completed my studies and worked for a couple of years. So I had a student visa and then later a work permit. My residence status got changed when I got married. I know my husband will not give me permission to leave the country with our child. But since my residence permit was based on marriage, 1. Can they or will they kick me out and take my child away from me if I am told to leave the country? . I have no problem going back home but never without my child. 2. Will they grant my husband sole custody? 3. Please What would you advice i do?
asked Feb 20, 2023 in Legal advice by Scared1 | 190 views

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Dear @Scared1,

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

First of all, I would like you to know that you should not worry that much. Nobody will try to separate you from your child. The opposite - as mother of a German child, you will be able to receive/keep the residence permit according to section 28 of the German Residence Act and keep the custody as well of course. 

However, I think it would be really good in your situation to get some individual support in a counselling office. The social workers can help you with different things which may need to be organised now.

You can use this search engine to find an organisation (like Caritas, Diakonie, AWO or Red Cross) close-by. Don't worry, these offices offer their confidential services free of charge. 

In any case, please also don't hesitate to get back to us with any further questions.

All the best,


answered Feb 22, 2023 by Meike
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