Guardianship

[Higgins]

I am an American, married with two children. My wife is German. My wife and children all have dual US/German citizenship. We all lived in the USA until my wife left the USA about 18 months ago with the children to finish specialty training in Germany. She informed me about 6 months ago she intends not to return to our home in the USA. Although separated we have not considered divorce as of yet.

Our problem is that there are many instances when both our signatures are needed for matters concerning our children. This is difficult because of our separation. I want to know if I can give legal guardianship/power of attorney  or something that effect to my wife but not relinquish any custody rights. The children currently reside with my wife and we have no agreement about custody or visitation.

Thanks

[Stilleman]

Dear Grayson,

Yes the best solution is if you give you wife a power of attorney to make all the decisions regarding the children on her own. I could provide you with a form that German lawyers use all over Germany and advice you how to make it work in your case.

You can contact me at [email protected]

Sincerely,

Carolin Burgess