Custody of my son

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santanatwins

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Jan 20, 2004
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I have gotten myself into an unpleasant situation. I had a son with a dominican female. I rented an apartment, paid all the bills and sent her money weekly for the last year and 7 months. I would visit my son at least every two months. I was present at his 6 month baptism and I was there to celebrate his 1st birthday. Western Union was getting expense so I opened up a savings account with a bank card and she used it to withdraw the money I would send. I only transfered the amount I knew she would withdraw and there was never more than $200 at a time. I do online banking so I have records of all the withdraws.

Recently, I told her that I didn't think it was working out between us and that I would continue to pay the rent, bills, food and expenses for the apartment. She said she was unhappy living in Santiago and that she would be moving back to Nagua where her mother lives.

Yesterday my mother tells me she recieved a call from the mother of my son saying she had left the country illegally and had left my son with his grandmother. Backtracking, for a minute, when my son was 3 months old I went to the city clerks office in Nagua and registered myself as the father of my son. They made me sign papers and took copies of my documents.

My question to those on this board is....Can I go to Nagua and take custody of my son? I am a natural born Citizen of the US. I have the same job for the last 8 years. I own my own house and don't have any criminal record.

I posted this in the legal section but as you may guess, I am very pressed for time and looking for a quick solution and I figured more people read the living section. Sorry but I'm desperate. Sorry to the moderators in advance.
 
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Dolores1

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May 3, 2000
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You should get legal counsel to be sure, but I would speculate that you have 100% right to take the child with you to live in the States if you can prove that the child has been abandoned by the mother and you have been supporting the child. You could get 100% custody by going to the Child Court and present your case. They will rule in the child's best interest and if you can prove that you have been supporting the child, the child feels comfortable with you, they will probably grant you full rights in view of the absence of the mother. But this will be about the time it would take you to get US residency for the child. You should also consult with the US Consulate to see where the child stands. If you are on the child's birth certificate, then there should not be any major problems. You probably could claim US citizenship for the child.
 
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rellosk

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Mar 18, 2002
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santanatwins said:
I posted this in the legal section but as you may guess, I am very pressed for time and looking for a quick solution and I figured more people read the living section. Sorry but I'm desperate. Sorry to the moderators in advance.
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If you are pressed for time, contact a lawyer immediately. It sounds like you'll need one. Even if the grandmother allows you to take your son, and the airport allows you to take him without documentation; one day it could come back and bite you. It's best you do it through legal channels (assuming the lawyer says it can be done).


BTW, have you ever taken your son to the US? I know a while back you were asking about getting him a passport.
 
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santanatwins

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Jan 20, 2004
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No passport yet

It's ironic......I was planning on getting his passport on my next visit. But I guess now I have to also apply for custody. I figure any sane judge will see that I did the right thing and supported my son. I just hope it's not a long process. His grandmother lives in a shack with two bedrooms and she's around 68 years old.
 
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rellosk

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Mar 18, 2002
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santanatwins said:
It's ironic......I was planning on getting his passport on my next visit. But I guess now I have to also apply for custody. I figure any sane judge will see that I did the right thing and supported my son. I just hope it's not a long process. His grandmother lives in a shack with two bedrooms and she's around 68 years old.
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Justice is not always sane. Make sure you have a good lawyer, referred to you by someone that has used them for a situation similar to yours. It's the DR, nothing is quick. Luckily, your son is in the hands of someone that should take good care of him while you are waiting to take him home.

Good luck! Let us know how it turns out.
 
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carina

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Mar 13, 2005
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I just had one of my longtime and very best girlfriend over.
She is a Dominican and a lawyer here in Puerto Plata.

She said exactly what Rellosk said.
You have to claim custody by court, and you need a laywer.
You need to have all your documents in order that gives proof of your identity and that you are the father of the child.
Also all copies that will show that you have taken a financial responsibility for the child.
The lawyer will then apply for you having solid custody of the child, as the mother can not have given the grandmother custody.
The mother abandoned the kid, and left it with the grandmother without telling you.
She further said, this would not be too hard to do for a good lawyer in family area, and you should let the lawyer get all papers and file for a courtdate.
The mother will recieve 3 letters for court dates, when she does not come to any of them ( First one, when she doesn?t show up, then a new etc ),
that will be of your benefit.
Those letters are just being delivered to her home, if she is not there, then they just leave it there.
The lawyer will know when would be a good time for you to come as well.

This is appr. 2 month work in time according to her.
 
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Mr_DR

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May 12, 2002
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carina said:
The mother will recieve 3 letters for court dates, when she does not come to any of them ( First one, when she doesn?t show up, then a new etc ),
that will be of your benefit.
Those letters are just being delivered to her home, if she is not there, then they just leave it there.
The lawyer will know when would be a good time for you to come as well.

This is appr. 2 month work in time according to her.
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Hopefully she will make it to one of those court dates to show people that she wasn't digested.
 
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santanatwins

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Jan 20, 2004
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Would I send the letters to her mothers address or to the apartment where she lived with my son? The water bill is under her name so it proves she was a resident at that apartment.
 
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carina

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Mar 13, 2005
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santanatwins said:
Would I send the letters to her mothers address or to the apartment where she lived with my son? The water bill is under her name so it proves she was a resident at that apartment.
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No, you send no letters.
You just get a laywer. The letters are sent out by the court. In this country you have 3 chances to show up. If you don?t, then it is most possible all to your favour.
 
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carina

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Mar 13, 2005
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santanatwins said:
to carina

do you have your friends name so I can give her a call. I will be in the puerto plata area next week and would like to hear what she has to say. You can email me her info at santanatwins@aol.com.
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She is not a lawyer in family law. You would need that.
Try contacting Fabio Guzman who is the advicer on this website, or Graciela Fermin. Both have English speaking offices.
Here I think the advice given before, is not to take a lawyer that says what you need to hear, but actually one that have done this before, and that have a good reputation in family law.

Marisa, my friend, suggested the above ( Fabio or Graciela ) as they are wellknown "artists on the court arena", and very professional.
 
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Malibook

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Jan 23, 2002
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carina said:
You need to have all your documents in order that gives proof of your identity and that you are the father of the child.
Also all copies that will show that you have taken a financial responsibility for the child.
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Given her behaviour and plentiful time on her own, I would hope this includes a paternity test.

Good luck Santanatwins.
 
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