Child custody

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Isabella2011

Guest
I live in Canada. I was married to a man from Dominican. I had a child with him. I need to get full custody. I served him by Registered Mail, the documents. He received them and would not sign the acknowledgement of service, which just states he has received the documents. He says that she is his daughter too (but of course never helps her financially, but that is neither here nor there). Long story short, I need to hire a process server and everyone I have seen on the internet has outrageous fees.
Does anyone know a process server in the city of Puerto Plata, he is an easy person to serve as he is a singer/rapper?

Any help, guidance, suggestions would be much appreciated.

Thank you for your time.
 
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ctrob

Silver
Nov 9, 2006
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So you don't have a lawyer in the DR? You have the kid, just not full custody?
 
DR_Guy

DR_Guy

Bronze
Feb 17, 2010
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The fiscalia will have a guy in the office that serves papers for 500 pesos. But I do not know if they serve foreign papers. In this country they do not have to physically give you the papers. In the past, my housekeeper signed the papers and even my neighbor signed. I am not sure that this would be sufficient for your needs. Good Luck
 
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Isabella2011

Guest
ctrob said:
So you don't have a lawyer in the DR? You have the kid, just not full custody?
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My daughter was born in Canada, and stupid me put his name on the birth certificate. I just need to serve him the documents. I don't have a lawyer in DR and I have not been there since 2011.

I just need the papers served.
 
M

mountainannie

Platinum
Dec 11, 2003
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elizabetheames.blogspot.com
DR_Guy said:
The fiscalia will have a guy in the office that serves papers for 500 pesos. But I do not know if they serve foreign papers. In this country they do not have to physically give you the papers. In the past, my housekeeper signed the papers and even my neighbor signed. I am not sure that this would be sufficient for your needs. Good Luck
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That may be the way things are done up there on the North Coast. Here in the Capital we follow the letter of the law.. which is that the process server themselves actually READS the complaint OUT LOUD to the person being served and then certifies that she has done so. (at least this was the way it was done when I served my last landlady). I would think that most lawyers would be willing and able to get this done for $8000 DOP. no? Someone should have that info from the NC.
 
keepcoming

keepcoming

Moderator - Living & General Stuff
May 25, 2011
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If he is a rapper / singer...you should have no problem finding someone to serve him. Not for nothing but here everyone wants there 15 minutes of fame. Keep looking you will definitely find someone for less. Just don't trust just anyone with this. You want it done correctly. Good luck.
 
F

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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www.drlawyer.com
You have to understand that the way process is served in the DR is through bailiffs. Generally, bailiffs (alguaciles) don't speak English. What is usually done is that a bilingual lawyer drafts the contents in Spanish of what is being served (service has to be in Spanish by law) and attaches to it the paperwork from abroad. The bailiff then serves the whole package.
 
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Isabella2011

Guest
I live in Canada and am having so many difficulties with foreign documents and the minimum was $1000 US Funds. I currently, have a request in with a Judge (here in Canada) for special permission to mail/courier the documents. I have emails and Facebook emails between myself and Respondent that he does actually have the documents, but won't respond to them because he does not want to pay. If he read the documents carefully, I am not asking for support, just full custody. Hopefully, I will be granted special permission to resend them and not have to go through trying to find a process server.
 
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Criss Colon

Platinum
Jan 2, 2002
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You are wasting your time, and your money!
He is here, you and your child are there, what's your problem
You daughter is a Canadian citizen.
Let it go!
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AlterEgo

AlterEgo

Administrator
Staff member
Jan 9, 2009
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South Coast
Maybe the OP wants to travel internationally with the child, and can't unless she has sole custody. Canada may require either his permission or her sole custody.
 
K

KateP

Silver
May 28, 2004
2,845
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AE is right. As long as her daughter is a minor she'll need authorization from the father to request a passport, unless she manages to legally get sole custody somehow.
 
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Criss Colon

Platinum
Jan 2, 2002
21,843
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yahoomail.com
She just has to say he "Abandoned" her & the child & returned to the DR.
She can get authorization to travel then.
She sounds like a former poster with a different DR1 "Name" to me.
Many similarities to her "Stories".
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In the US you don't need a spouses "permission" to apply for a child's passport, is Canada different???
 
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chrisgy

Active member
Jan 15, 2013
389
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Criss Colon said:
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In the US you don't need a spouses "permission" to apply for a child's passport, is Canada different???
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In most cases you do need both parents permission/consent in the US , I cant imagine Canada would be different



. Parental Consent


Minors under age 16 cannot apply for a passport by themselves.

Both parents/guardians must appear in person with the minor and provide consent, authorizing passport issuance to the minor. If one parent/guardian is unable to appear in person, then the DS-11 application must be accompanied by a signed, notarized Form DS-3053: Statement of Consent from the non-applying parent/guardian.

If the minor only has one parent/guardian, evidence of sole authority to apply for the minor must be submitted with the application in the form of a:
U.S. or foreign birth certificate, Consular Report of Birth Abroad, or adoption decree, listing only the applying parent
Court order granting sole legal custody to the applying parent (unless child?s travel is restricted by that order)
Court order specifically permitting applying parent?s travel with the child
Judicial declaration of incompetence of the non-applying parent
Death certificate of the non-applying parent

Apply for a Children's Passport
 
R

rubio_higuey

Gold
Feb 7, 2007
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My suggestion:
Make a certified translation of the papers to be served. Have them apostilled (or certified by the Canadian consulate). Send the paperwork to the DR. If certified by the DR consulate in CA (not apostilled, in which case this step is not necessary), get somebody to go to the Foreign Affairs (cancilleria) to get the DR MFA stamp on the consulate's stamp.Then, find any local server in POP who serves him, for 1000 pesos. The total out of pocket cost should not be more than 200-300 dollars including translation.
 
H

HUG

Silver
Feb 3, 2009
3,940
1
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Could be different as the US procedure you mention above is far different from the UK process.
 
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