Helping International Families Build Stability After Separation
Initial Legal Consultations Available in English, German, and Spanish
One of the most crucial issues that arises during a separation is whether and how the children will be able to continue to develop in a stable, loving, supportive environment.
For international families, child custody may also have other issues to be resolved. Parents can be of a different nationality, have strong ties to another country or want to go back to their home country following separation. The following factors must be taken into account, and careful planning is required, in these situations:
Vera Zambrano & Team Law Firm works with international families to help with relocation and child custody issues in Germany. We know that every family’s situation is unique, and we hope to assist parents in understanding their legal rights and options and, at the same time, provide support in finding solutions that will benefit their children in the long run.
The Child’s Best Interests Come First
In Germany, the following basic rule prevails in decision making with respect to children:
What is in the best interests of the child?
Child custody is not intended to decide between the two parents on who is right and wrong.
Instead, courts would normally favor those decisions which can provide children stability, continuity and a relationship with both parents where appropriate.
All families are different. The best parental care arrangement will vary from case to case, depending on the particular circumstances of the child and the parents.
Shared Parenting and Sole Custody
After separation, many parents retain their parental duties.
Parents could possibly agree to make significant decisions later together, and establish parenting plans that make sense for everyone.
However, in other cases, a parent might be the main care taker of the child.
At times one parent will freely consent to the other parent taking primary responsibility for the children.
Each family is unique, and the best option for the family and child will depend on their situation.
Creating Stability After Separation
One of the key objectives after separation is ensuring continuity in the life of the child whenever possible.
Parents are frequently motivated to preserve:
• The child’s school.
• Friendships.
• Daily routines.
• Medical care.
• Extracurricular activities
Relationships with parents as appropriate.
The goal is to reduce the amount of disruption as much as possible, while allowing children to adapt to a different family configuration.
International Relocation
Many questions international families often face, domestic families do not.
Consider involving one parent in the decision to return to their country of origin following separation, to be closer to family, employment opportunities or existing support network.
There are a number of factors to consider before deciding on international relocation:
• Existing custody arrangements.
• Parental responsibility.
• What’s best for the child.
• Parents’ agreements.
• Approval of the court as necessary.
• Legislation governing the selection of the materials.
When both parents consent to relocation, it is important to document it appropriately to prevent confusion down the road.
Also, in some countries it may be necessary to follow certain additional legal steps such as the recognition of a German divorce or custody order.
Working Together to Create Parenting Agreements
Where parents can communicate respectfully, they tend to have more options to develop arrangements that meet the family’s needs, wherever possible.
A well-developed parenting plan could contain the following:
• Parenting schedules.
• Holidays and vacations.
• School breaks.
• International travel.
• Passports.
• Medical decisions.
• Communication between parents.
• Financial responsibilities.
• Future relocation procedures.
Good planning now can help minimize the conflict and increase the consistency and security for children.
Building Parenting Plans for International Families
Many parents starting the separation process do not know what their options are.
There are other issues beyond the usual custody issues that may need to be taken into account in an international family. Parents may reside in other countries; have career expectations outside the U.S.; speak other languages; and/or want to keep close ties with extended family members overseas.
At Vera Zambrano & Team Law Firm we assist parents in thinking through practical solutions that have proven to work for many international families. Each case is different and the arrangement will always be suited to the family. But it can be useful to have a discussion with parents about the options available, as this may help them to understand options they have not considered.
Parenting plans can include consideration of the following:
Parenting plans that are flexible to international travel.
School vacations and summer vacation.
- International visitation arrangements.
- Travel documents and Passport.
- Video calls and virtual parenting time.
- Medical and education decisions.
- Traditions of religion and culture.
- Rights and duties relating to finance of the children.
- Future relocation requests.
- Guidance of communication between parents.
Wherever possible, negotiated parenting arrangements give parents more flexibility than if everything had to be determined by the courts.
We want parents to make realistic, viable plans for their children to have a good relationship with both parents where appropriate, whilst also giving them stability through a significant change in their life.
When Parents Cannot Reach an Agreement
Unfortunately, not all divorces are friendly.
Where parents are unable to reach an agreement regarding any parenting order, the court may be requested to resolve the issues.
The court will take into account a variety of factors such as:
- The child’s stability.
- Parents’ capacity for child care.
- The child’s normal activities.
- Educational needs.
- Medical care.
- The interactions between the child and individual parent.
All concerns about the safety of the child and/or his/her welfare.
All decisions are made on a case-by-case basis.
The Wishes of Older Children
Children’s perspectives may be a significant factor as they reach adulthood.
If the child is mature enough and old enough (and relevantly, under the correct legal jurisdiction), a court will consider the child’s wishes as part of their decision-making process when considering parenting arrangements.
Although a child’s opinion is important and needs to be considered, it is not the only one that influences the outcome of the case.
The best interests of the child must come first.
Modifying Existing Custody Orders
Often the family situation is altered after divorce.
Examples include:
- A parent relocating.
- Changes in employment.
- Changes in the child’s learning requirements.
- Questions about the well-being of the child.
- An individual who wants more parenting time.
- Request to relocate internationally.
Where suitable, parenting arrangements can be reviewed or changed where necessary, in the proper legal forum.
Understanding Your Rights
Parents should be aware of:
- Their parental rights and responsibilities.
- Legal ability to move to another location.
- Child support obligations.
- International travel requirements.
- Future parenting arrangements.
Knowing your rights from the very beginning will ensure that you make wise decisions and help prevent misunderstanding which might become harder to solve later on.
Why Choose Vera Zambrano & Team Law Firm?
International child custody cases need to be handled with careful planning and a practical understanding of the difficulties involved in deciding a case that involves a family with children who live in more than one country.
At Vera Zambrano & Team Law Firm, we help international families with complicated child custody and relocation issues related in Germany.
We provide:
First legal consultations in English, German and Spanish.
Advice on international child custody.
Cross border relocation advice.
Support in negotiating parenting arrangements.
Representation at international family law proceedings in Germany.
We want families to be aware of their choices, and help them find solutions that offer stability and keep their children safe.
Educational Information
This information provided here is for general educational purposes and is not to be construed as legal advice.
Each particular child custody case is unique and depends on the facts of that case, the jurisdictions involved and the applicable law.
Reading this page does not create an attorney-client relationship with Vera Zambrano & Team Law Firm.
Schedule an Initial Consultation
In the event that you have a child custody case involving Germany along with other countries, kindly contact us at Vera Zambrano & Team Law Firm for a preconsultation session in English, German or Spanish.
We are here to help you understand your rights, consider your options and help you to find a viable path forward for you and your family.
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