Parental Rights

saman@

New member
Oct 30, 2012
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I have been searching on the internet but I can't seem to find a straight-forward description of custodial law in the DR. My husband (Dominican) is the father of a 3 year old boy and has always financially supported the child and visited him, but he never declared him. We are recently married and the mother of the child wants my husband to declare the child. He wanted to bring the child to where we live for semana santa, but she refused to let the boy be away from her. What rights, if any, does he have now having not declared the child? Would his rights be different if he were to declare the child?
 

windeguy

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Jul 10, 2004
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You need to speak to a lawyer. I suspect he has no rights at all now since legally he has no connection to the child. I suspect he will have some rights if he declares the child, but that would depend upon the courts after he declares the child. I expect you will get a response from the legal team here since it is posted in the correct forum.
 
Feb 15, 2005
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The mother appears to only want the money and possible visa for her in the far future, behind pushing for your husband's declaration. So I agree, either get a lawyer and fight for parental rights or keep sending support and forget the rest.
 

Hillbilly

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Jan 1, 2002
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At this stage, what he is looking at is a "Declaraci?n tard?a" which is a late declaration and will have to be approved by the courts now. This process can be rather time consuming.

The mother has a ton of rights, and the court can issue custody rules.

Generally speaking, the child can travel only with a letter from the mother in this case--this has been covered in other threads--and it is somewhat costly.

The DR Lawyer will get here eventually, so go with this general idea for now.


HB
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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He has no rights if he does not declare the child. The mother, however, can still sue him for child support.

If he declares the child, he will have visitation rights, and may obtain custody, although the latter is usually difficult unless there is something obviously wrong with the mother's conduct.