EDUCATION
- Since 2017: BA Cultural Studies with a focus on History at University of Hagen, Germany
- MA Philosophy at the Open University, UK from 2010 to 2013
- Law Degree from University of Regensburg, Germany from 1995 to 2000 (graduated in the top 30 % in the state of Bavaria)
- A Levels equivalent in Germany (Abitur) in 1995 (graduated in the top 10 % of class). Majors in English and Law & Economics.
- Student exchange program in Adelaide, Australia for 3 months in 1992.
PROFESSIONAL EXPERIENCE
- In private practice with own law office from 2002 to 2009. Main areas of experience: International law, esp. international family law, refugee and immigration law, administrative law.
- Admitted to the bar in 2002. Specialization course in administrative law in 2004. Bar-certification as a family law specialist in 2007.
- Chairman of the supervisory board (Aufsichtsrat) of sheepworld AG, a gift and greeting card company, from 2002 to 2006. Handling all legal affairs for this internationally active corporation, including corporate, trademark, copyright, contract, consumer and employment law.
- Legal clerkships after Law School (2000-2002):
- 2001-2002: US Army JAG Corps, 1st Infantry Division, Vilseck, Germany
- 2001: law firm Murchison & Cumming in Los Angeles, California, USA (civil litigation defense)
- 2001: District Attorney’s Office in Amberg, Germany
- 2001: City Attorney’s Office in Amberg, Germany
- 2000-2001: Superior Court in Amberg, Germany
- Internships during Law School:
- 1998: German General Consulate in New York, USA
- 1997: German Federal Securities Regulatory Office (Bundesaufsichtsamt für den Wertpapierhandel in Frankfurt) – Department for tracking down insider trading
- 1997: Clark County District Attorney’s Office in Las Vegas, Nevada, USA – Criminal Division and Juvenile Division
- 1997: German Special Prosecutor’s Office for Nazi-era crimes (Zentrale Stelle der Landesjustizverwaltungen zur Aufklärung der Verbrechen des Nationalsozialismus in Ludwigsburg)
LANGUAGES
- German: mother tongue
- English: fluent, also regarding legal, economic and political terminology. Paper based TOEFL 660 points (1997), 8.5 in all bands of IELTS academic version (2009). Certificates „English for Lawyers“ and „Business English“
- Spanish: B1
- French: basic
- Italian: basic
PUBLISHED COURT CASES
– Supreme Court (Bundesverfassungsgericht), 1 BvR 204/03,NJW 2006, 3052 = BVerfGK 7, 452 = JA 2007, 236: free speech case
– Appeals Court Nürnberg, FamRZ 2006, 878 = IPRspr 2005, Nr 205, 553-555: parental custody of a US soldier during his deployment in Iraq
– Appeals Court Nürnberg, FamRZ 2006, 878 = IPRspr 2005, Nr 205, 553-555: continued German jurisdiction in custody proceeding after children moved to the USA
– Appeals Court Nürnberg, FamRZ 2009, 637 = IPRax 2009, issue 3, page XI: German divorce granted although parties had already divorced in Florida
– Family Court Amberg, FamRZ 2005, 1839: no interruption of required separation time despite sex between spouses after separation
– Family Court Amberg, NJW-RR 2009, 2: preponderance of a child’s educational needs in a distribution of property dispute about a computer
– Family Court Bamberg, FamRZ 2008, 1098: the abducting parent has to bear the expenses of the Hague Convention proceeding even if she/he voluntarily returns the child in the course of that proceeding
– Family Court Fürth, JAmt 2008, 498: custodial rights can be ceased because of overseas stay without possibility of being contacted
– Family Court Mainz, FamRZ 2007, 2083: no distribution of retirement benefits in German-American divorce
– Family Court Nürnberg, FamRZ 2004, 725 = IPRspr 2003, Nr 93, 271-274: international child abduction USA-Germany
– Family Court Nürnberg, FamRZ 2008, 1777: international child abduction France-Germany with the specialty of the child having habitual residence in both countries
– Family Court Nürnberg, FamRZ 2009, 237 = NJOZ 2008, 3681: no return of a child according to the Hague Convention on Child Abductions because custody in the original country of habitual residence was not exercised
– Family Court Rostock, FamRZ 2009, 625: international child abduction United Kingdom to Germany (continued in the Hight Court in London)
AVAILABLE FOR FREELANCE WORK
The Happy Hermit 
Interesting list. What work did you do in Iran?
I was there just out of curiosity. Just travelling, no work. I had travelled most other countries in the Middle East and then Iran became politically very interesting in 2009, so I went there twice.
“Iran became politically very interesting in 2009…” dude, you have some strange kind of humor. You should have spent some time in Tehran in December 2009 to get a nice taste..
….hm, after reading more of your website allow me to rephrase my comment… I believe you DID visit Tehran in December 2009…where did the bastards get you?
I was there in June and July of 2009 at the height of the protests. First I was severely beaten by riot police at a protest at Baharestan Square, but I managed to escape. Unfortunately, I was then arrested the next day together with an Iranian lawyer and had to spend one week at Evin. Since then, I have been too afraid to return to Iran.
I would have been to afraid to go!
Fucking awesome: since then , I have been too afraid to return to Iran
But now, with many years having passed, I am actually itching to return to Iran.
Interessant zu lesen, Gratulation zu dem Englisch-Level und viel Spaß bei dem, was noch kommt! Schäine Gräiß von einer Exil-Oberpfälzerin in Hamburg.
Hi Andreas
I like your style dude you are are a well rounded human being !!! I recently move back to US after getting a divorce this pass June/July 2013 and i still have my German work permit (worked over 25 years in Germany) and Aufenthaltstitel or resident visa ( in US passport ) both are Unbefristed.I would love to return to Germany to work/live there in the near future,my question is that I am not married anymore would i have to apply for a new German work permit & residence visas or are they still valid up to 1 or 2 yrs after a person leaves country? I myself also like to travel Europe and have made many friends there in Germany,Italy,Spain,France and many other countries now since i m single i can really move around any advice you could give me would be great and i seen your wishlist
Unfortunately the German visas expire after you have been out of the country for more than 6 months, so you would need to apply for them the be reinstated/renewed/reissued. But of course you can always come for 3 months without any visa on a US passport.
‘Human Rights’ lawyer with close Israel relations, HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA
That was extremely childish. Human rights are not for a select group of people.
Hallo Andreas, könntest du mir mehr Informationen zu den Ausnahmen des Verlustes der ausländischen Staatsangehörigkeit im Falle der Annahme der deutschen Staatsangehörigkeit, insbesondere der Ausnahme der erheblichen wirtschaftlichen Nachteile geben. Wenn durch den Verlust der US-amerikanischen Staatsangehörigkeit die Ausübung des Berufs in den USA unmöglich wird, weil die US-Statasbürgerschaft hierfür zwingend erforderlich ist, würde dies eine solche Ausnahme darstellen.. Vielen Dank für Deine Rückmeldung, Liebe Gruesse Ronny
Das wäre eine Möglichkeit. Um welchen Beruf geht es? Wir müssten dann nachweisen, dass die Ausübung dieses Berufs von Gesetz wegen die US-Staatsbürgerschaft erfordert.
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Hello Andreas… I have recently come across your site (obviously) and praise you for what you do. It has been extremely difficult obtaining the correct information for what I am trying to do. Basically I am a Brasilian national, Brasilian mother and German father. His name along with my German grandparents‘ are on my birth certificate and I would like to obtain German citizenship. Germany citizenship was not established at the time of my birth nor was it established prior to my 23 rd birthday ( I am 34 ). I am aware that parental recognition is req. per german law, however my father is not in my life, nor can I find him. Would my birth certificate suffice for german authorities to establish that I am german? …or would I have to go through the parental recognition route? I thank you for your time if you do decide to respond. There are many others like myself in the world and you’d be helping out a lot. Danke.
The birth certificate is not enough (§ 4 I 2 StAG) and as you are older than 23, it’s even too late for the paternity proceeding. Even if paternity was established now, it would not bestow German citizenship on you.
I am sorry that I don’t have better news.
Thank you for your reply Andreas… would it be ok to delete my question from your blog as it shows up in a google search for my name.
I took out your name from the comment and made it anonymous; I hope that helps.
Dear Andreas,
Hope you are doing well. My name is Tariq and i’m living in Dubai UAE since 10 years. my wife kidnap my two kids 4 and 6 years old from Dubai to Germany without even my knowledge. We both are Pakistani national. Now she is granted an asylum in Germany as per my knowledge.
I already filed a case in Dubai court since two months for kids custody and bring them back to UAE. Kindly advise what i can do to bring my kids back from Germany? and what is the best solution? or how i can contact the authorities over there in Germany that she is seeking asylum on illegal basis as there is no abuse, violence or any other problem involved in that.
Your help will be highly appreciated.
Tariq
00971508770298
Oh, that’s a very tricky situation because the UAE are not a party to the Hague Child Abduction Convention.
So you have basically two options:
– Get a court order in Dubai and try to get this court order recognized and enforced in Germany (which will require another legal proceeding in Germany).
– Or file a custody case in Germany, asking the German court to award you primary custody of your children.
And then there is the third option of going to Germany to re-abduct your children.
If your wife filed for asylum in Germany, the authority which deals with that is the BAMF. For the family law proceedings, you would need to hire a lawyer in Germany.
Thank you so much for your advise and assistance. is there any option if i get an court custody order from Dubai court and then proceed through interpol to bring my kids back to Dubai?
Thank you so much again in advance
Tariq
No, you have to go through the family courts. Anything else is a waste of time and money.
Please i believe i need your urgent assistance in regards to my 14 year old child who is currently living in Berlin…but there is so much more going on.
Please…..
Patricia
Promiseofanewday2002@gmail.com
Then it’s best to e-mail me and to pay the consultation fee of 400 EUR.
Hi, my mother used to be German before I was born, but gave up her German citizenship because she married my father which is from the U.S.A, and he worked at a military base around that time. I lived in Germany until the age of 14, and moved to U.S.A. I am trying to find a way to gain German citizenship because all my family leaves there, (grandmother, uncles, cousins). Also, I moved to Germany about a year ago, and I am able to work remotely. However, I have not received any helpful advice from lawyers about my situation, and I am being told I have to leave her for 8 years to obtain a citizenship. Could you give me some advice on what steps to take or documents to obtain German citizenship?
You will find your questions answered on my FAQ on German citizenship.
interesting though i just skimmed through it. i sent you an email about a week ago maybe not received. any active email address or spot where to reach you?
I did receive your e-mail, I just haven’t had time to reply yet. It speeds things up when people send a donation or a book from my wishlist along with their e-mail. ;-)
sorry to hear that first generation blood related not able to get citizenship. i am third generation and my grandma did not give up her citizenship, it was removed automatically because she married a Polish man. i believe any German descent ius sanguini should receive citizenship first and foremost. past laws denied citizenship only to women because of marriage to non-German which is unfair and cruel especially to women living in adverse condition in countries where liberties are not protected. German by nature do not like disorderly and distorted behavior and are offended by it. living in an environment that is adverse or law and order and respect is very painful even to generations hundreds of years later on.
I wouldn’t exactly make that connection between Germans and law and order, particularly not dating back hundreds of years. After all, quite a lot of mayhem, destruction, war, murder, looting and genocide was caused by Germans all over the world.
Hui. Unter den besten 10% der Klasse im Abi! Wahnsinn. Na, da fühlt man sich gleich berufen, anderen die Intelligenz abzusprechen…
Reise, Amigo, reise! Und bleib schon lange weg. Denn Typen Deiner Façon benötigt hier (und dort) keiner.
Andreas,
Hi there. I have found your FAQ’s on many important topics that I am trying to find answers to.
I am an American citizen wishing to marry a German national and reside in Germany. The possibility of children is in our future, but before this happens I wanted to find out what my rights would be in the chance of divorce.
It is my understanding that divorce in Germany is relatively straight forward. What was his and mine before the marriage stays our own while what we acquire during the course of marriage is split 50/50.
Wohld there be anything particular that you may recommend for me to keep my eyes peeled for during the process of marriage in order to streamline it for myself and partner? Does Germany have the equivalent of a prenuptual agreement?
In the case we have children, IF there is a divorce would I be able to take them out of the country and back to the states if I get a more full time custody or would that have to be agreed upon by us both in order to happen?
Thank you for any heads up that you can send my way as I am just beginning to navigate this!
Hello Jennifer,
your understanding of the marital assets is correct. German law does allow prenuptial agreements, as long as they are not grossly unfair to one party. I would usually only recommend it if there are plenty of assets that might appreciate in value and/or if you plan to earn a lot.
As to children, this has nothing to do with a divorce or not. As long as both parents have shared custody, taking them from one country to another without the other parent’s consent constitutes an international child abduction. I have a separate set of FAQ on this. If you were to get full custody in a court proceeding, you were free to remove the children to another country. This is nothing that can be agreed upon now, as no parent can simply sign away their custodial rights (unless you remain unmarried).
Andreas,
Thank you this is so helpful. I have taken a look and will continue to familiarize myself with the marriage process in general in your country. Is there anything besides the prenup that could be logistically difficult to navigate that I should/could be preparing for now in the time before we marry?
There is no date set and I know I need 21 days residing in DE before we can apply to marry. I will be entering around the first week of May of this year and enrolling in language classes immediately (not through VHS yet as I am just entering as a ‘tourist’ on a normal passport. I won’t be able to read the documents when we get the process started!!
Naturally I will have to hire translation. I’m just wanting to get my ducks in a row to make it more streamlined.
If you have never been married before, then it will be relatively easy. Just bring a birth certificate and your passport.
If you were married previously, you would need to prove that you got divorced or that you are widowed, in which case more paperwork will be required.
Regarding the logistics, if you are flexible with dates for the wedding (weekday instead of weekend, primarily) and if you pick a small municipality (although you might want to stay where your boyfriend lives), they will usually have a date available quite soon. Weekends on the other hand are often booked out for months in advance.
I have been married before.. Evidence of the divorce is not a problem. Will I also need a “Ehefähigkeitszeugnis”??
Second follow-up questions are really a good time to send a Paypal donation to blog@moser-law.com to keep this helpful blog alive. :-)
it is so helpful! Let me get over to DE soon. I anticipate more questions and I’ll try to get one of your desired books in the mail :) Thank you thus far Andreas…
Thank you very much, I appreciate that a lot!