child custody in the DR

M

Mme Fleur

New member
Oct 6, 2013
9
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Anyone have any experience in the child custody process in the DR? I have gone through all of the initial hearings
in the Tribunal de Ninos y Adolescentes and my final hearing was in May 2015. We have yet to hear what the final
sentence is and every time I call I am given the run-around. Neither myself, my ex-husband nor my children are
Dominican but because the children are minors, I am told they fall under Dominican law. Ultimately, I would like
to return to the US with my children as we are here are foreigners, both myself and the children hold US
passports. The only Dominican factor is involved is that my children were born here but neither myself nor their
father have any Dominican citizenship or family. My divorce was here in the DR and the judge sent the custody
of the children to this court as my ex is not in agreement with the children living in the US.

Basically, we are trapped on the island and have been given no indication of when the court will make any final
decision. Any advice or suggestions would be greatly appreciated.
 
W

wuarhat

I am a out of touch hippie.
Nov 13, 2006
1,378
89
48
CristoRey said:
Think you mean judgement not sentence.



Who told you this?

My suggestion would be go to the US Embassy and get passports for you kids then hop on an airplane.
Click to expand...

She says they have passports. If they try to leave without authorization she may be charged with kidnaping or trafficking. This might be one of those instances where forgiveness is not easier to get than permission.
 
S

SKY

Gold
Apr 11, 2004
13,499
3,630
113
Get out of Dodge. They cannot charge you for kidnapping your own kids. Worse case they say you cannot leave. I would
bet otherwise. Also you can go across the border to Haiti and fly out of there. Why wait? Could be forever the way they
do things here.
 
R

RV429

Bronze
Apr 3, 2011
1,574
1
36
Agree with Sky, take Caribe Tours to PAP and then fly out. No worries. Do not tell anyone in the family until you arrive in the U.S.
 
Harleysrock

Harleysrock

Gold
Nov 4, 2012
7,267
90
48
Gaspar Hernández, Espaillat, Dominican Republic
Just try and leave, this place is ridiculous for this crap.

I am stuck here for 6 months bc some drunk cop with no license or insurance hit my car from
behind when it was parked on the side of the road and I was not even in the Friggen car.
There are ways to leave though, so find the appropriate people to help you with that...
 
D

Dolores1

DR1
May 3, 2000
8,215
37
48
www.
Contact Dilia Leticia Jorge Mera. She is a specialist in child matters and family law. For sure she will cut red tape and find out where your case is at. From the best of my understanding, the mother usually is awarded custody unless there is a special reason by which the court determines that the children would be better off with the father. At least she will tell you where you stand.

http://dljm.com.do
 
J

Jailai

Newbie
Apr 11, 2016
3
0
1
Consider your actions

First, consult with a family court lawyer and do not follow the advice in this post offered to, basically, flee. In general, family courts try to balance the rights of the custodial and noncustodial parents and do not look favorably on unilateral actions. The relocation you are seeking would inhibit the future relationship between the children and the father. Courts generally seek to ensure the possibility of a continued relationship with the non-custodial parent, even if the non-custodial parent has not been the best parent in the past. Court decisions take time. Wait until you get a decision.

Do not act out of desperation or haste. In the event that you are able to land in, say, New York with your children, the father could easily file in whatever county your reside. A New York Family Court would likely hold your absconding with the children against you in making a custody determination, despite whatever legitimate reasons you offer for your divorce. There is no legitimate defense for absconding.

As is true of most things in life, you can do anything you want, until you get caught. One possible consequence should circumstances wind their way to a family court decision after you abscond would be full custody to the father and supervised access for you. So consider your actions carefully and get solid legal advice.
 
S

SKY

Gold
Apr 11, 2004
13,499
3,630
113
Jailai said:
First, consult with a family court lawyer and do not follow the advice in this post offered to, basically, flee. In general, family courts try to balance the rights of the custodial and noncustodial parents and do not look favorably on unilateral actions. The relocation you are seeking would inhibit the future relationship between the children and the father. Courts generally seek to ensure the possibility of a continued relationship with the non-custodial parent, even if the non-custodial parent has not been the best parent in the past. Court decisions take time. Wait until you get a decision.

Do not act out of desperation or haste. In the event that you are able to land in, say, New York with your children, the father could easily file in whatever county your reside. A New York Family Court would likely hold your absconding with the children against you in making a custody determination, despite whatever legitimate reasons you offer for your divorce. There is no legitimate defense for absconding.

As is true of most things in life, you can do anything you want, until you get caught. One possible consequence should circumstances wind their way to a family court decision after you abscond would be full custody to the father and supervised access for you. So consider your actions carefully and get solid legal advice.
Click to expand...

Where are you posting form Disneyland? This is the DR, not wherever it is your first post is from.
 
J

Jailai

Newbie
Apr 11, 2016
3
0
1
Child custody

SKY said:
Where are you posting form Disneyland? This is the DR, not wherever it is your first post is from.
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Funny, and you are right to question my standing in that I am not familiar with courts in the DR, but the point was what might happen in US Courts, be it Anaheim, Orlando, or Manhattan. Family court judges here are likely to take a dim view of a unilateral action taken prior to court approval. My post was intended to have the party consider unforeseen consequences once in the US.
 
A

AnnaC

Gold
Jan 2, 2002
16,050
418
83
I'm not a lawyer but just thinking out loud here. IF the court had already made a judgement in the case and had ruled that the children could NOT leave the the DR then that could be considered kidnapping. There is no judgement in this case yet so let the husband go battle it out in the US but for now get out while you can.
 
A

AnnaC

Gold
Jan 2, 2002
16,050
418
83
Jailai said:
Family court judges here are likely to take a dim view of a unilateral action taken prior to court approval. My post was intended to have the party consider unforeseen consequences once in the US.
Click to expand...


You have to trust what people are saying here. Anything she faces in the US will be better than in DR.
 
C

CNSIERRA

New member
Apr 11, 2016
27
0
0
Hi there if both of your kids are Americans regardless if they were born here because they do not hold a Dominican passport you can just buy a ticket and get out. My wife goes to the USA with our whom has a American Passport and also a Dominican Passport without me having to give her any special permit to do so.
 
R

Rep Dom

Bronze
Dec 27, 2011
1,237
0
0
Yes just go home quietly with your husband and kids with your american passports. You dont need to mention nor show the dominican ones...
 
PICHARDO

PICHARDO

One Dominican at a time, please!
May 15, 2003
13,280
893
113
Santiago de Los 30 Caballeros
Mme Fleur said:
Anyone have any experience in the child custody process in the DR? I have gone through all of the initial hearings
in the Tribunal de Ninos y Adolescentes and my final hearing was in May 2015. We have yet to hear what the final
sentence is and every time I call I am given the run-around. Neither myself, my ex-husband nor my children are
Dominican but because the children are minors, I am told they fall under Dominican law. Ultimately, I would like
to return to the US with my children as we are here are foreigners, both myself and the children hold US
passports. The only Dominican factor is involved is that my children were born here but neither myself nor their
father have any Dominican citizenship or family. My divorce was here in the DR and the judge sent the custody
of the children to this court as my ex is not in agreement with the children living in the US.

Basically, we are trapped on the island and have been given no indication of when the court will make any final
decision. Any advice or suggestions would be greatly appreciated.
Click to expand...

The case is already in court and you MUST wait for the process to come to an end.
If you try to leave the country with kids on tow without court permission, you can find yourself in a heap of trouble.

Worst case scenario is you get to exit the country for the states, but will soon have the kids taken away by authorities there and returned to the DR.

The USA and the DR signed a legal brief regarding court orders in children custody matters. They will enforce it.

Not only child custody, but also child support enforcement as well.

The court always looks for the welfare of the kids. The vast majority of cases ends with the mother awarded the co-shared part of living with the kids safe for holidays, summer vacation time, etc... Provided for the father.

Don't make things worst and await the case fully to its end.

Don't be surprised if you are provided full custody of the kids by the court and able to leave with them whenever you want.

It's very common when the kids can have access to better opportunities elsewhere according to the courts in the DR. After all this is not about the parents, but the kids.

Wait and get a good lawyer to represent you.
 
keepcoming

keepcoming

Moderator - Living & General Stuff
May 25, 2011
4,782
2,551
113
OP if there is no judgment or "impedimento de salida" then I would go. As others have said work it out from your own "turf". As a mother if faced with this would be my decision.
 
J

Jailai

Newbie
Apr 11, 2016
3
0
1
Child Custody

Pichardo provides a plain language summary well. As I said earlier it is best to not act impulsively and to consult a lawyer in DR. Just a couple of other thoughts: The Uniform Child Jurisdiction and Enforcement Act would essentially treat the Dominican Courts as another state in the US and give preference to a prior custody decision in DR if the Dominican Court seeks jurisdiction even with the children and mom in the States. There are other many factors that the court may consider, e.g., certain states might give added weight to applicable provisions of the Violence Against Women Act. I could list about 15 prongs of consideration, so ultimately each case is judged on its own merits. The interested reader may wish to consult case law by goggling the topic, but I felt compelled to counter what I viewed as reckless, though perhaps well-intentioned, statements on the part of some participants in this forum, given we are talking about a mom, a dad, and their children.
 
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