Page 1 of 2 12 LastLast
Results 1 to 10 of 16
  1. #1
    Regular
    Join Date
    May 2019
    Posts
    17
    Post Thanks / Like

    Question Can an American non resident with a baby with a DR woman obtain child custody?

    Hi All,

    I am american with a property here in DR in Samama province. I had a baby with a domincan girl. My baby is 2 and is a legal US citizen with a US passport. I do not have residency but have been in DR a few months now to help take care of my small baby.

    Im NOT interested in taking my baby out of the country far away from his mother, that would be cruel. I AM interested in having some sort of custody. The situation is simply his mother lives with me in my house now but shes always threatening to leave me and go VERY FAR away like 5 hours with DR and take the baby with her. I'm tired of these threats and want to in advanvce settle some sort of custody. Preferably full custody as she has no job and only bounces around other peoples houses here and there with no stablity and no money. Shes a bit of an alcoholic. I am a hard working stable provider and I want to protect my son. Is there anything I can do without residency? Or do i need residency? Any advice would be welcomed.

    Thank you in advance.

  2. #2
    Silver
    Join Date
    Apr 2013
    Posts
    2,380
    Post Thanks / Like

    Default

    Quote Originally Posted by djdaveq View Post
    Hi All,

    I am american with a property here in DR in Samama province. I had a baby with a domincan girl. My baby is 2 and is a legal US citizen with a US passport. I do not have residency but have been in DR a few months now to help take care of my small baby.

    Im NOT interested in taking my baby out of the country far away from his mother, that would be cruel. I AM interested in having some sort of custody. The situation is simply his mother lives with me in my house now but shes always threatening to leave me and go VERY FAR away like 5 hours with DR and take the baby with her. I'm tired of these threats and want to in advanvce settle some sort of custody. Preferably full custody as she has no job and only bounces around other peoples houses here and there with no stablity and no money. Shes a bit of an alcoholic. I am a hard working stable provider and I want to protect my son. Is there anything I can do without residency? Or do i need residency? Any advice would be welcomed.

    Thank you in advance.
    Will be very dificult if you do not have a legal residence here, but you can try who knows, maybe you can prove your babe will be better with you than her mother, you can make an agreement with her directly as you are the father.

  3. #3
    Bronze
    Join Date
    Sep 2009
    Posts
    1,498
    Post Thanks / Like

    Default

    Quote Originally Posted by djdaveq View Post
    Hi All,

    I am american with a property here in DR in Samama province. I had a baby with a domincan girl. My baby is 2 and is a legal US citizen with a US passport. I do not have residency but have been in DR a few months now to help take care of my small baby.

    Im NOT interested in taking my baby out of the country far away from his mother, that would be cruel. I AM interested in having some sort of custody. The situation is simply his mother lives with me in my house now but shes always threatening to leave me and go VERY FAR away like 5 hours with DR and take the baby with her. I'm tired of these threats and want to in advanvce settle some sort of custody. Preferably full custody as she has no job and only bounces around other peoples houses here and there with no stablity and no money. Shes a bit of an alcoholic. I am a hard working stable provider and I want to protect my son. Is there anything I can do without residency? Or do i need residency? Any advice would be welcomed.

    Thank you in advance.
    Your only option is to solicit the child courts (Fiscalia de Ninos, Ninas y Adolecentes - NNA) in the province where you reside. You would have to appear before the magistrate (mother and father) and cut an agreement. It is nearly impossible that they would give custody to the father, whether foreigner or Dominican national. You do have the right to a court appointment though.

    Furthermore, no courts wants to hear the father (or male party) committing character assassination on the mother (or female party). This means hinting at, accusing, etc, that the mother is of a particular nature (i.e. drug user, street whore, or any other low-moral-type).

    This, to me, sounds more like ego than anything else.

  4. Likes JDJones liked this post
  5. #4
    Gold
    Join Date
    Jan 2016
    Posts
    2,072
    Post Thanks / Like

    Default

    Quote Originally Posted by El Rey de Mangu View Post
    Your only option is to solicit the child courts (Fiscalia de Ninos, Ninas y Adolecentes - NNA) in the province where you reside. You would have to appear before the magistrate (mother and father) and cut an agreement. It is nearly impossible that they would give custody to the father, whether foreigner or Dominican national. You do have the right to a court appointment though.

    Furthermore, no courts wants to hear the father (or male party) committing character assassination on the mother (or female party). This means hinting at, accusing, etc, that the mother is of a particular nature (i.e. drug user, street whore, or any other low-moral-type).

    This, to me, sounds more like ego than anything else.
    Who am I to judge, but I got the same feeling. Two sides to every story.

  6. Likes Derfish liked this post
  7. #5
    DR1
    Join Date
    Dec 2016
    Posts
    97
    Post Thanks / Like

    Default

    You took an oath to financially support your child. Why is he couch surfing?

  8. #6
    Regular
    Join Date
    Jan 2018
    Posts
    43
    Post Thanks / Like

    Default

    I have some experience in this area and have spoken ad nauseam to reputable attorneys in the DR. Short story, you need to reach a custody agreement with the mother. Any agreement would be taken before a judge at the menores court and adjudicated. Generally, if both parties agree, the judge will approve. However, note that unless you have more than 50% custody, the agreement is essentially irrelevant, as the mother, with 50% custody for example, can still do what she likes with the child. If she were to leave, your only recourse would be to go to court, where you would lose, as the benefit always goes to the mother. This, as other posters have said, is irrespective of who you are, resident, dominican, whatever. No court will award custody to any father, especially with a child under 5. As the child ages, the child may actually have a say, but especially single fathers have little chance. If you were married to another woman with children, the court would take those things as positive, but again, my understanding is the you have little to no chance

    Where I am not certain, is to what benefit having more than 50%, say 51% or 70%, whatever, would actually improve your standing, if at all. My impression is that anything less than full, 100% custody, would be meaningless in court.

    And, I agree, it is pointless to argue on any grounds about the mother unless you can actually prove she is a danger to the child, either physically, ie abuse, or if you can prove she is a serious drug addict of some kind. Other moral arguments are moot.

  9. #7
    Regular
    Join Date
    Jul 2019
    Posts
    71
    Post Thanks / Like

    Default

    Quote Originally Posted by JDJones View Post
    Who am I to judge, but I got the same feeling. Two sides to every story.
    Sad that he asks for help and yall want to see her side of the story. This is why some people don't ask for help. She isn't going to go anywhere if she does let her go. Its hell trying to be a good parent to a child with a significant other that is a alcoholic or uses the kid as a bargaining tool. Or cut her a check every month and have a agreement.

  10. Likes alexw liked this post
  11. #8
    Gold
    Join Date
    Jan 2016
    Posts
    2,072
    Post Thanks / Like

    Default

    Quote Originally Posted by ogunjobi123 View Post
    Sad that he asks for help and yall want to see her side of the story. This is why some people don't ask for help. She isn't going to go anywhere if she does let her go. Its hell trying to be a good parent to a child with a significant other that is a alcoholic or uses the kid as a bargaining tool. Or cut her a check every month and have a agreement.
    Thanks for the feedback but I'll stick to my "two sides to every story" opinion, oh Wise Optimistic one... lol

  12. #9
    Silver
    Join Date
    Apr 2014
    Posts
    4,086
    Post Thanks / Like

    Default

    Its my understanding, unless the mother is on
    her death bed, she will be awarded custody of
    the child no matter what her mental or financial
    status may be.

    Your best option is to let her do as she wishes then
    give it some time. Some, not all of these girls will
    eventually come to their senses.

  13. #10
    Gold
    Join Date
    Feb 2007
    Posts
    7,171
    Post Thanks / Like

    Default

    Quote Originally Posted by El Rey de Mangu View Post
    Your only option is to solicit the child courts (Fiscalia de Ninos, Ninas y Adolecentes - NNA) in the province where you reside. You would have to appear before the magistrate (mother and father) and cut an agreement. It is nearly impossible that they would give custody to the father, whether foreigner or Dominican national. You do have the right to a court appointment though.

    Furthermore, no courts wants to hear the father (or male party) committing character assassination on the mother (or female party). This means hinting at, accusing, etc, that the mother is of a particular nature (i.e. drug user, street whore, or any other low-moral-type).

    This, to me, sounds more like ego than anything else.
    It is not impossible. I have had full custody of my daughter for the past 6 years.

    I know others, Dominican fathers, who have full custody of their child. A friend of mine who is a supervisor at a cable company is one of them. His daughter is 3 years old and he's got the custody.

    A lot of what was said in this thread is nonsense.

  14. Likes alexw, AlterEgo liked this post
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
  •