NY - German - US custody battle, visitation & child support rights

[overseas911]

Hello,

My German ex-partner never lived in the US, but visted frequently and was present at the birth of our son. He then decided to go back to Germany and live there. After giving birth I went to visit him in Germany but decided that I would be unable to live there.
He didn't want to live in the US and in the end we decided to split up.

He earns just over 100.000euros a year.
First he claims that I took the child away from him to go back to the US. NOT true, as we never lived in Germany merely visted.
He claims that in Germany he would only pay 500euros a month for child support.
And he now wants "equall" visitation rights as any other father (every other weekend).

We have been arguing for months now what the right visitation rights are and about the child support.
I have heard that some overseas visitations are still only one weekend per month.
The baby is only 8 months and has never left my sight and is still being nursed.
What would be a reasonable visitation right?

Does anybody know how much child support he would really pay in Germany. It's hard to believe that someone with a more than 8000$ a month salary would only have to pay $680 a month for his child?

Any tips/advice/experience?

By the way, I have a lawyer but he is a bit crap. No international experience but I already paid a fortune and won't change lawyers now. Me & my ex-partner are still trying to settle but we already have a court date planned (in case we are unable to settle).

Thanks

[AFFA]

I wish to inform you that as child lies in USA thus court of USA can have jurisdiction. In this you may claim child support amount based on fathers income in USA. Hague Convention provides about international child support enforcement. Further if legal action for child support amount is going in Germany then child support is determined as per Duessledorfer Tabelle. In this child support is kept for child keeping in view income of father. Lastly it is best interest of child which is taken into consideration while determining child visitation by court in USA as well as Germany.

AFF

[Friend In Court]

An infant,nursing child will remain with the mother so custody should not be an issue according to the stacks of law volumes in both countries. It is hard to conceive of a mother leaving a nursing infant child with the father without someone raising the claim of child 'abandonment.' I trust your lawyer is pooh-poohing that canard.

Support will be determined by the tables (law) where the child resides. It is based on the needs of the child for housing, food, medical care, etc. where those needs are met. So, living in the U.S. it will be based upon support guidelines for the state in which you are residing.

Visitation is supposed to be 'reasonable', not just for the age and needs of the child but the ability and desires of the parent. If he wishes to visit ever weekend, he can use his passport to fly back and forth. He will have to get practical eventually and decide how often he can travel to the U.S. With the state of technology today, thanks to the internet and Skype communication can be kept up between father and child if he chooses.

I did not notice what state you reside in but generally speaking, support for one child in many states I am aware of is usually awarded at 15% of the eage earner's income. Your attorney should be able to guide you on what your state's support schedules dictate.