[WSBAPT] US child , foreign parents

[Jamia Burns]

Could they get their child a German passport now and maintain it just in
case?

Jamia S. Burns
Attorney at Law - Estate Planning
360-739-6379
www.jamiaburnslaw.com
jamia at jamiaburnslaw.com
Mail: P.O. Box 29453
Bellingham, WA 98228
Office: 1200 Dupont Street, Ste. 1-D
Bellingham, WA 98225 (by appointment only)

On Thu, Jun 11, 2020, 8:36 AM Marcus Fry <mfry at lyon-law.com> wrote:

> Karl:
>
> Having done adoptions by non-US citizens here in the US, I can tell that
> is not the issue, and therefore, I would expect that this would hold true
> for a lesser status as guardian.  I believe this is more of an immigration
> question, because the law grants the rights to the parents to name the
> guardian for their child.  Isn’t the question what kind of visa (if
> eligible at all, but I expect there is something) would the child be
> eligible to receive to go live in Germany? Moreover, you make a good point
> about the logistics of a minor child here in the states, but that would
> likely just be making sure passports are up to date for the German family
> to be able to travel quickly to the states.
>
>
>
> As an aside, does the child really want to go live in a completely
> different country?  If this event is happening, that means that child has
> lost both of his/her parents.  Sticking the child in a completely different
> culture that speaks a different language (I recognize English is very
> common in Germany) may be a lot for this child depending on his/her age.
> Are there godparents to this child in the US that the child would rather be
> with to lessen the emotional impact of change?
>
>
>
> Marcus J. Fry
>
> Lyon, Weigand & Gustafson, P.S.
>
> P.O. Box 1689
> Yakima, Washington  98907
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Karl Flaccus
> *Sent:* Thursday, June 11, 2020 8:01 AM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* [WSBAPT] US child , foreign parents
>
>
>
> Estate planning couple are living and working here in Washington but are
> German citizens, and not US citizens.  They have a US born US citizen
> child. They wonder what would happen if they both died here and they name a
> relative in Germany as guardian.  There would be a US trust that comes from
> their wills to support the child.
>
>
>
> What would the process be for the German relative coming to the US to pick
> up the US child?  Do courts get involved in making sure the foreign
> guardian of the child is well suited?  Would there be some determination of
> what is in the child’s best interest?  Is that for the probate court to
> determine?
>
>
>
> Perhaps it would make sense to name a temporary US based guardian to
> shepherd the child through the process of getting them well placed with
> family in Germany….
>
>
>
> This is more a family law question, but nevertheless an issue in the
> context of estate planning.  Does anyone have any insight into this?
>
>
>
> Thank you for your thoughts, as always.
>
>
>
> Karl
>
>
>
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