Question about Child Support/Custody

markus.m

New member
Nov 22, 2012
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The situation is as follows:
A foreigner got a child with a haitian girl which is on an expired visa in the DR.
He didn't put his name on the birth certificate from the hospital yet and the mother didn't do anything about it until now, so the child is not registered or something like that and therefore doesn't have no citizenship (if i got that right).
The mother now wants him to put his name on this paper and make him pay child support.

How easy is it for her to enforce that? I mean, can she open a case in court as an haitian immigrant on an expired visa?
Which citizenship can this child get? Haitian, Dominican or the father's one (okay, that depends on that country's laws...)?
If he puts his name on this paper and says he is the father, can he then easily take the child with him or does the mother have to give her permission? If he claims custody for his child and gets it (Is this easy?), does she still have to give her permission?

Thanks for your replys.
 

donluis99

Bronze
Jul 12, 2004
721
16
0
She can indeed open a case in court.

I would suggest, wheather he believes he is the father (hehe) or not, as it sounds as though this is most likly not a long term relationship, not put your name on any document.

She must open a court case, IF she is claiming he is the father and you do not take the responsibility then the court will order a DNA test.

If, then if you are proved the father, then you can let the court decide the support payments or you can make an agreement with the mother, which would superceed the court.

You would then pay that child support for the full term of the pregnancy and the mothers lawers fees.

Remember this, the court is supposed to determine the amount of support based on the mothers economic position, while at the same time consideribng the fathers as well. This is to say poor mother rich father does not equal exhorbanant child support payments.

If the child is indeed yours, in order to leave the country with the child, yes you must have mothers permission, if he gets FULL custody, the no mothers permission is required.

g'luck!
 

Aguaita29

Silver
Jul 27, 2011
2,619
272
83
The situation is as follows:
A foreigner got a child with a haitian girl which is on an expired visa in the DR.
He didn't put his name on the birth certificate from the hospital yet and the mother didn't do anything about it until now, so the child is not registered or something like that and therefore doesn't have no citizenship (if i got that right).
The mother now wants him to put his name on this paper and make him pay child support.

How easy is it for her to enforce that? I mean, can she open a case in court as an haitian immigrant on an expired visa?
Which citizenship can this child get? Haitian, Dominican or the father's one (okay, that depends on that country's laws...)?
If he puts his name on this paper and says he is the father, can he then easily take the child with him or does the mother have to give her permission? If he claims custody for his child and gets it (Is this easy?), does she still have to give her permission?

Thanks for your replys.

She can sue you for paternity and child support. Even if you appear as the father on the birth certificate, you'd still need the mother's approval in order to get the kid out of the country.
 

Castle

Silver
Sep 1, 2012
2,982
1
0
Fortunately for the child's father (and unfortunately for all rational thinking), a child born in the DR whose parents are not legal residents of the DR is not entitled to dominican citizenship. Therefore, first the child's nationality would have to be established (haitian? american?), and then the laws of those countries would be the one dictating the course of events.
Taking a minor out of DR accompanied by only one of the parents is possible if the child is not dominican, if the child is dominican you need permission from both parents.
 

pauleast

*** I love DR1 ***
Jan 29, 2012
2,837
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I would first and foremost establish that he is or is not the father. A simple cheek swab from him and the off-spring and ship it to a lab. The truth will set you free... and-or possibly cost you a little coin.
 

JohnnyBoy

Bronze
Jun 17, 2012
1,448
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Only a lowlife would look to run from his progeny. Even if it was an alcohol or drug fueled bender that resulted in the child.
 

pauleast

*** I love DR1 ***
Jan 29, 2012
2,837
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Easy guys ! There is no indication that this guy is going to abandon his flesh and blood. He is just trying to gather some info. I am also sure he he does not want to subsidize the mother,family, friends and boyfriends fantasy life styles.
 

markus.m

New member
Nov 22, 2012
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Easy guys ! There is no indication that this guy is going to abandon his flesh and blood. He is just trying to gather some info. I am also sure he he does not want to subsidize the mother,family, friends and boyfriends fantasy life styles.

Thank you, pauleast and to everyone else who gave constructive answers.
The questions I asked were pretty clear, but some people just ignore those and give a totally unnecessary, unconstructive and/or offensive answers without having any clue of the situation. I don't know why and I think it is sad, because this way threads become very long without containing much information with real value.

Only a lowlife would look to run from his progeny.
It takes a man lower than whale sh1t who refuses to support his kids where ever they are and no mattewr their color or citizenship or lack there of.
Thanks to both of you! Until now I did not realize that it is morally not acceptable for a father to just forget and not care about his child, but your two great comments really helped me (and other people reading this thread) and now I know way better!
 

JohnnyBoy

Bronze
Jun 17, 2012
1,448
0
0
Wow you are moral now when your opening question was asking how a Hatian could enforce child support. Your progeny might be better off growing up in the street.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,359
252
83
www.drlawyer.com
The situation is as follows:
A foreigner got a child with a haitian girl which is on an expired visa in the DR.
He didn't put his name on the birth certificate from the hospital yet and the mother didn't do anything about it until now, so the child is not registered or something like that and therefore doesn't have no citizenship (if i got that right).
The mother now wants him to put his name on this paper and make him pay child support.

How easy is it for her to enforce that? I mean, can she open a case in court as an haitian immigrant on an expired visa?
Which citizenship can this child get? Haitian, Dominican or the father's one (okay, that depends on that country's laws...)?
If he puts his name on this paper and says he is the father, can he then easily take the child with him or does the mother have to give her permission? If he claims custody for his child and gets it (Is this easy?), does she still have to give her permission?

Thanks for your replys.

The mother can go to court and ask for child support despite the fact that she's a Haitian without legal residence in the DR.

If the father acknowledges the child as his, the court may award him the custody of the child if it is in the child's best interest.
 

markus.m

New member
Nov 22, 2012
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If the father acknowledges the child as his, the court may award him the custody of the child if it is in the child's best interest.

Thanks you very much for your answer. Do you know how in general the court decides here in the DR? Is there any chance that they away a foreigner the custody of the child?
 

jaiallen

New member
Jul 9, 2010
290
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haitian girl which is on an expired visa in the DR

The courts probably wont touch the case. She has no legal standing in the Dominican Republic, as she is an illegal. If he believes the child is his, it's up to him. And if she is Haitian on an expired visa, the child is a Haitian citizen or the citizenship of the father.

If she's illegally here, why would she risk deportation anyway ? Unlike the U.S. birth in the D.R. doesn't come with automatic citizenship rights. Maybe I'm wrong and Fabio is right, but I haven't seen it happen. The system is biased against Haitians in the D.R. anyway. I knew of a similar case and nothing happened except the father took responsibility, the courts didn't and wouldn't touch it. LAst time I had a legal problem, the courts wanted my passport and the very first thing they checked was the status of my residence.
 

Frankhilton

New member
Nov 18, 2012
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Child is not entitled to get the citizenship because Parents are not a citizens of that land and ther are not living on a offical visa as well.There is no complication in this case but if the mother is a national of that land then she can submit the application for this.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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www.drlawyer.com
Markus.m, as I said, the court will be guided by the best interest of the child. It may find, therefore, that it is in best interest of the child that custody be granted to the father, even though the father is a foreigner.
 

Criss Colon

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Jan 2, 2002
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yahoomail.com
DNA paternity results FIRST, questions LATER!!!!!
Results determine if the questions are of ANY VALUE!
We want another child in my family, just in case you want to adopt out!
REALLY!
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