Rights in case of divorce?


Questioner

I live with my daughter and husband in Germany. I am Dutch and my husband is German and my daughter was also born in Germany. He wants a divorce. My husband wants to kick me out of the house and I am not allowed to take my child to the Netherlands. What should I do now if he kicks me out of the house and I cannot take my child with me?

Lawyer

It is important to seek immediate legal advice from a specialist family law attorney in Germany, as the laws regarding divorce and custody rights in the Netherlands are different from those in Germany. In the meantime, try to remain calm and continue to talk to your spouse about the situation, possibly through mediation. It is important to try to find a solution that is in the best interest of your child. In Germany, the best interests of the child are always taken into account in a divorce. As a parent, you are in principle entitled to contact with your child, unless there are valid reasons to restrict this. It is important to record the custody and contact arrangements for your child in accordance with German law. Your rights regarding the house and financial matters are also determined by German law and the marriage contract (if there is one). A lawyer can advise you on how to protect your rights in these matters.

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