Page 1 of 2 12 LastLast
Results 1 to 10 of 13
  1. #1
    Regular
    Join Date
    Jan 2018
    Posts
    42
    Post Thanks / Like

    Default shared child custody logistics

    hi all, I'm an American citizen and have a child (2.5 years) with a Dominican woman. I have asked her for joint custody of our daughter and she is receptive to the idea. I would like to know, if anyone has experience, how to go about changing the custody of our daughter to 50/50. is there an administrative office somewhere that we can just go to and fill out some paper work, or is an attorney required? any help would be much appreciated... hopefully it's not overly complicated.

    thanks

  2. #2
    Gold
    Join Date
    Feb 2007
    Posts
    7,102
    Post Thanks / Like

    Default

    Get a lawyer, you need to have some legal agreement drafted, then it's all processed at Juzgado de Niños, Niñas y Adolescentes.

  3. #3
    Gold
    Join Date
    Jan 2016
    Posts
    1,792
    Post Thanks / Like

    Default

    Quote Originally Posted by chas123 View Post
    hi all, I'm an American citizen and have a child (2.5 years) with a Dominican woman. I have asked her for joint custody of our daughter and she is receptive to the idea. I would like to know, if anyone has experience, how to go about changing the custody of our daughter to 50/50. is there an administrative office somewhere that we can just go to and fill out some paper work, or is an attorney required? any help would be much appreciated... hopefully it's not overly complicated.

    thanks
    Are you living in the DR? Is it just a matter of you stopping by to pick up the child?

  4. #4
    Regular
    Join Date
    Oct 2015
    Posts
    148
    Post Thanks / Like

    Default

    While the child may be classified under USA laws as a USA citizen, she will not be issued a USA passport without the explicit consent of the mother, which must be duly authenticated.

  5. #5
    Silver
    Join Date
    Apr 2004
    Posts
    4,509
    Post Thanks / Like

    Default

    Quote Originally Posted by SomebodySmart View Post
    While the child may be classified under USA laws as a USA citizen, she will not be issued a USA passport without the explicit consent of the mother, which must be duly authenticated.
    the child will not be classified as a US citizen without the proper authentication an the consent of the mother. within this process the child will issued a birth abroad certificate. the passport an social security number will be issued if requested. Have been through this twice.

  6. #6
    Regular
    Join Date
    Oct 2005
    Posts
    39
    Post Thanks / Like

    Default

    I had been led to believe several years ago that in the DR there is no such legal process of "joint custody". As a working agreement can be drafted and approved by the above named office, still the custody, on paper, is automatically awarded to the mother, and can jointly be administered by both parents. However, in a problem situation, the paper has the mother as the legal guardian. This is to say, if there is a mother and she is not criminally or morally to be questioned, then the father is merely the stand in for the mother.

    This is even in the case where the child has dual citizenship, passport, social security number, birth certificate, etc. and the father is also a dual passport holder and living actively full time in the DR for many years and the mother a DR citizen only.

    If there is new information or the process has been modified or changed in the last 5 years, please post a reply.

    Thanks.

  7. #7
    DR1 Expert
    Join Date
    Jan 2002
    Posts
    2,240
    Post Thanks / Like

    Default

    Joint custody exists under Dominican law, which follows the principle, well-established in international family law, that decisions should be based on the best interests of the child.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosa, Santo Domingo, San Francisco de Macors, Cabrera
    Las Terrenas, Saman, Bvaro (Punta Cana) and La Romana
    Dominican Republic


    [email protected]


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

  8. #8
    Regular
    Join Date
    Jan 2018
    Posts
    42
    Post Thanks / Like

    Default

    Hello again, this post is a bit old now, but I am looking for a bit more info... so again, the mother has agreed to give me 50% custody of our daughter. We have agreed on a date for this, May 27, 2019. Note we are not together, never have been and we're never married

    I recently went to the civil administration office in Bonao, where our daughter was born, to get an official copy of her birth certificate. While there, I asked about the custody issue. They told me, that the mother and I must go to the Menores court, the full exact name in Spanish I'm not sure of... which is near the civil office in Bonao. She said we can easily make this change, in lieu of the mother having de facto 100% custody.

    I understand from Mr Guzman's response above that basically this joint custody agreement would establish a principle that decisions would then be based on the best interests of the child.

    I suppose my questions would be, what decisions are we talking about? I currently live in the DR and the mother has agreed to have our daughter live with me for close to a year, to go to school at ISS (in Sosua)... starting this summer.

    My goal with this agreement is to prevent the mother from making decisions about our daughter, including marrying and leaving the country with her, without my consent. Is it then possible for me to make an argument, that a move like this would not be in the best interest of the child. Or do I even have to make this argument? What actual rights do I have given official 50% custody? For example, do I then have the right to demand some custody of our daughter, or is that question always related to what is in the best interest of the child? Which I assume would have to be adjudicated.

    I apologize if this seems confusing, but I am confused about it, so... again any help much appreciated

  9. #9
    Platinum
    Join Date
    Jun 2007
    Posts
    11,273
    Post Thanks / Like

    Default

    First of all since you and the mother have never been together have you taken a DNA test?
    Whoever introduces the old again to recognize the new, can be a teacher to others.
    (Confucius)

  10. #10
    Regular
    Join Date
    Jan 2018
    Posts
    42
    Post Thanks / Like

    Default

    Quote Originally Posted by frank recktenwald View Post
    First of all since you and the mother have never been together have you taken a DNA test?
    paternity is not in question... thanks

Page 1 of 2 12 LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •