child visitation / support

chas123

New member
Jan 3, 2018
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hi, some may remember previous posts on coming to the DR for an “ID”.  that all turned out to be simply adding my name to the birth certificate, which i did.  simple question really and one with conflicting answers on this forum and elsewhere:  what are my rights as the father now regarding visitation or partial custody, and what say do i have if the mother wants to take the child out of country?

i’ve read that if my name is on the birth certificate then the custodial rights of both parents are equal... i’ve also read this is not true and custody will remain with the mother 100%.  and, she would need my permission to travel with the child, but have also read this is also not necessarily true.

my relationship with the mother and hence my ability to visit my child have broken down completely, which is sad.  so i’m am trying to ascertain my rights, if any, and if she decides to turn the tables and come after me for some reason, what liability might i face?

note that paternity was never determined medically, but as i mentioned i am now registered as the father on the BC as of this past january 

thanks
 

Cdn_Gringo

Gold
Apr 29, 2014
8,671
1,133
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You seem to have disregarded the advice previously offered so one can conclude you might just do the same this time.

In theory you have parental rights now that you are on the birth certificate. In practicality now you are just a bank account to be called upon if the Mother wants to go through the hassles. Now every time you come to this country, you will have to consider if this time the Mother has filed a police report against you, whether the complaint is true or not. Getting a foreigner embroiled in the justice system here is a time tested way to get you to do what the local wants you to do.

You are not a citizen, you are not a resident and you don't live here, kind of a double edged sword. Exercising your parental rights from afar is next to impossible. Even if you were here, the Dominican will usually come out on top in a legal proceeding. If you are making child support payments, you need a way to demonstrate that you are doing so. A statement from a foreign bank or a western union receipt may not have much sway here.

If the Mother wants to travel with the child, usually she would need your permission but may be able to get around that because you are not available to give your consent and don't regularly exercise your parental rights by visiting with the child and doing daddy type stuff.

To your small benefit, you not being here means that you can't be woken up in the middle of the night and hauled off to extortion jail.

It's a potential mess and you need to tread carefully. You need good DR legal advice to understand exactly where you stand and what actions on your part may or may not be prudent. You may need to file for a travel injunction if you wish to prevent that without your permission but may not be successful if you are not present and/or supporting the child regularly.

Good luck.
 
Last edited:
Apr 7, 2014
2,293
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You seem to have disregarded the advice previously offered so one can conclude you might just do the same this time.

In theory you have parental rights now that you are on the birth certificate. In practicality now you are just a bank account to be called upon if the Mother wants to go through the hassles. Now every time you come to this country, you will have to consider if this time the Mother has filed a police report against you, whether the complaint is true or not. Getting a foreigner embroiled in the justice system here is a time tested way to get you to do what the local wants you to do.

You are not a citizen, you are not a resident and you don't live here, kind of a double edged sword. Exercising your parental rights from afar is next to impossible. Even if you were here, the Dominican will usually come out on top in a legal proceeding. If you are making child support payments, you need a way to demonstrate that you are doing so. A statement from a foreign bank or a western union receipt may not have much sway here.

If the Mother wants to travel with the child, usually she would need your permission but may be able to get around that because you are not available to give your consent and don't regularly exercise your parental rights by visiting with the child and doing daddy type stuff.

To your small benefit, you not being here means that you can't be woken up in the middle of the night and hauled off to extortion jail.

It's a potential mess and you need to tread carefully. You need good DR legal advice to understand exactly where you stand and what actions on your part may or may not be prudent. You may need to file for a travel injunction if you wish to prevent that without your permission but may not be successful if you are not present and/or supporting the child regularly.

Good luck.
Or not.
Chicken Little here has nothing but negative things to say about a simple exercise you came to do, completed and then left. Jeez.


Wasnt I the one who told you(the OP) to come, square that away and cast your fears aside? I believe I was. All these other commenters had these ridiculous statements about coming and being sent to Guantanamo for some child support issue. Cant get blood from a stone no matter how much you adhere to your perceptions of them being millionaires and billionaires.

Sent from my Z833 using Tapatalk
 

Russell

Well-known member
Jun 17, 2017
1,056
337
83
hi, some may remember previous posts on coming to the DR for an “ID”.  that all turned out to be simply adding my name to the birth certificate, which i did.  simple question really and one with conflicting answers on this forum and elsewhere:  what are my rights as the father now regarding visitation or partial custody, and what say do i have if the mother wants to take the child out of country?

i’ve read that if my name is on the birth certificate then the custodial rights of both parents are equal... i’ve also read this is not true and custody will remain with the mother 100%.  and, she would need my permission to travel with the child, but have also read this is also not necessarily true.

my relationship with the mother and hence my ability to visit my child have broken down completely, which is sad.  so i’m am trying to ascertain my rights, if any, and if she decides to turn the tables and come after me for some reason, what liability might i face?

note that paternity was never determined medically, but as i mentioned i am now registered as the father on the BC as of this past january 

thanks

I am not sure why you came back for more advice when, obviously you will do whatever you think to do.

the simple and first response should have been a paternity test.
Keep in mind,depending upon your Nationality, your child ?? may have Legal National Citizenship Status from your country.
That's yet another can of worms........You can still get a paternity test regardless that you have your name on the BC.
I know I would...... but I am just a senile old man , so who cares,HUH!
 

chas123

New member
Jan 3, 2018
34
0
0
well, i appreciate advice from all sides, but the fact is on my original post, there vastly differing opinions.  and yes, i did what i thought was right, and did not necessarily disregard advice.  just followed others.

nothing untoward has happened, it is simply that the mother changes her mind daily on how involved she will allow me to be.  i’m asking about the pros and cons of forcing the issue legally.  btw, i am still in country 
 

irishpaddy

Bronze
Sep 3, 2013
1,166
460
83
well simple answer for you ...if your looking for LEGAL advice consult a Dominican Lawyer ........if your connecting a light ..do not call a plumber...its best to get an electrician
 

DRDone

Member
Sep 29, 2014
293
2
18
well, i appreciate advice from all sides, but the fact is on my original post, there vastly differing opinions.  and yes, i did what i thought was right, and did not necessarily disregard advice.  just followed others.

nothing untoward has happened, it is simply that the mother changes her mind daily on how involved she will allow me to be.  i’m asking about the pros and cons of forcing the issue legally.  btw, i am still in country 

Everyone except Commander gave you advice to stay away, as he states above. Why don't you just private message with him as to your next move. Shocking that things have not gone well. Now that you're on the Birth Certificate and in country I'm sure things will improve greatly. Out of curiosity, if you care to share, what do you do for a living?
 

yacht chef

Bronze
Sep 13, 2009
1,588
17
38
Is there a max chiled sapport payment in DR ? I think there is the court can make you pay but the max is most likely less then you give her anyway no matter what job or income you have.
 

Manuel01

Well-known member
Apr 1, 2009
771
816
93
Truly yours ?

hi, some may remember previous posts on coming to the DR for an “ID”.  that all turned out to be simply adding my name to the birth certificate, which i did.  simple question really and one with conflicting answers on this forum and elsewhere:  what are my rights as the father now regarding visitation or partial custody, and what say do i have if the mother wants to take the child out of country?

i’ve read that if my name is on the birth certificate then the custodial rights of both parents are equal... i’ve also read this is not true and custody will remain with the mother 100%.  and, she would need my permission to travel with the child, but have also read this is also not necessarily true.

my relationship with the mother and hence my ability to visit my child have broken down completely, which is sad.  so i’m am trying to ascertain my rights, if any, and if she decides to turn the tables and come after me for some reason, what liability might i face?

note that paternity was never determined medically, but as i mentioned i am now registered as the father on the BC as of this past january 

thanks

Hi, i do not have any intentions to insult you but; first of all make sure that the child is really yours !!!! I read a very interesting and also shocking article in a DR Newspaper. A study published by ADNLAB Santo Domingo (that's a Company for DNA Paternity Testing) showed that according to there 10yr. Statistics, 94% (NINETYFOUR) of the Paternity Tests that includes a foreigner as "alleged Father"
are Negative. This is really scary !!! So before you get to much involved, make sure it's really yours.
 

bob saunders

Platinum
Jan 1, 2002
32,504
5,932
113
dr1.com
Hi, i do not have any intentions to insult you but; first of all make sure that the child is really yours !!!! I read a very interesting and also shocking article in a DR Newspaper. A study published by ADNLAB Santo Domingo (that's a Company for DNA Paternity Testing) showed that according to there 10yr. Statistics, 94% (NINETYFOUR) of the Paternity Tests that includes a foreigner as "alleged Father"
are Negative. This is really scary !!! So before you get to much involved, make sure it's really yours.

The same thing happens to Dominicans. I have heard about many, but I know two children personally, as in my wife's family that my wife's cousin has raised as his children but aren't. When asked, he shrugged his shoulders and said I don't care the children think of me as papa and for me they are my children.
 
Apr 7, 2014
2,293
2
0
Is there a max chiled sapport payment in DR ? I think there is the court can make you pay but the max is most likely less then you give her anyway no matter what job or income you have.
$40US/month/child. And the current peso I saw was at 48.00DOP to $1USD

Sent from my Z833 using Tapatalk
 

DRDone

Member
Sep 29, 2014
293
2
18
Well , once you have put your name of the birth certificate you have assumed responsibility as father, legally.

Agreed. I think even in the US if you put your name on the Birth Certificate, that is it. You have accepted responsibility as the father and at that point I've heard of cases in the US where courts don't care about the paternity test, they just go by the Birth Cert. as they want a father that will provide and now legally have one. She basically has hit a home run and now she can do whatever she wants.
 

Derfish

Gold
Jan 7, 2016
4,441
2
0
Well , once you have put your name of the birth certificate you have assumed responsibility as father, legally.

My brother asked the court in Broward County Florida for a DNA test to prove paternity when the son was 11 years old and the judge said it makes no difference. If you accepted him so far, he is your responsibility. No matter what watching Judge Judy would make one believe.
Der Fish
 

Manuel01

Well-known member
Apr 1, 2009
771
816
93
Only half true

Agreed. I think even in the US if you put your name on the Birth Certificate, that is it. You have accepted responsibility as the father and at that point I've heard of cases in the US where courts don't care about the paternity test, they just go by the Birth Cert. as they want a father that will provide and now legally have one. She basically has hit a home run and now she can do whatever she wants.

If you have the result of a chain of costudy paternity test that is negative, you can remove your responsibility. Mostly done through lawyers and costs are betweem 600-800 $ (not incl. the DNA Test). This is the procedure in the DR, I did it less than a year ago. I do not know the procedure in the US.
 

Manuel01

Well-known member
Apr 1, 2009
771
816
93
This is reversible in the DR. I did it. Don't pay for a child of coconut eating looser.
 

yacht chef

Bronze
Sep 13, 2009
1,588
17
38
Is $40 relly the most a domican court can make you pay no matter what your income is? I have herd that there is a max chiled sapport payment but do not know what it is .
 

bob saunders

Platinum
Jan 1, 2002
32,504
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113
dr1.com
You're kidding?. In the DR, as James Brown said "This is a man's world, this is a man's world ".

Some of the children in our school have fathers that are mandated by the courts to pay child support...etc, and many of them can only see their children at the school and not take them anywhere. We have a girl at the school whose mother is married to a Dominican York and he is willing to sponsor the girl to come to the states but the girls father, who is also in the USA will not give permission, so she lives with her grandmother and both parents are in the USA , married to different people. Her brother pays for the school.