Paternity Question

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Daniel W.

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Jan 20, 2003
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Hi.


An Italian friend married a Dominican woman when she was three months pregnant, and although his name is listed on the birth certificate as being the father, he is not the child?s biological father. The child is three, and has a Dominican and also an Italian passport. He and his wife are now separated, and his wife has a boyfriend, and has been living with him for the past five months.

He is paying child support, and sees his daughter regularly. My wife and I know him to be a great dad, and his daughter is well taken care of... His wife is saying (perhaps now that she has a steady boyfriend), that the child is hers, not his, telling him to have his own biological child with another woman, etc. He loves his daughter dearly, and as one can expect, his wife is causing him quite a bit of grief.

His question is the following? Can his wife renounce him as the father of his daughter according to Dominican law? I might add that he has no criminal record, does not abuse drugs or alcohol, etc., etc. He feels that his wife might be thinking that the new boyfriend can eventually become the new legal father, and tentatively cut him out of the picture completely, which would be traumatic for both him and the daughter.

I told him that I think she can, but only for extraordinary cicumstances, which would not be applicable in his case. Does anyone have a more definitive answer? Thanks for your replies!
 
Hillbilly

Hillbilly

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Jan 1, 2002
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The divorce proceedings will spell out who gets what. If the divorce decree grants the father partial custody, or shared custody, there is not much that the mother can do.

If the father can find a good lawyer, it is possible that he could get full custody, given the adulterous behavior of the wife... (I am sure there is more to it that this of course)

Unless the woman can get a lawyer to denounce the fraudulent birth certificate--and her complicity in the fraud--I can't see how she could obtain full custody.

But, this is a thing for lawyers, I am just going with my gut on this.

HB
 
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Rocky

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Daniel W. said:
Hi.


An Italian friend married a Dominican woman when she was three months pregnant, and although his name is listed on the birth certificate as being the father, he is not the child?s biological father. The child is three, and has a Dominican and also an Italian passport. He and his wife are now separated, and his wife has a boyfriend, and has been living with him for the past five months.

He is paying child support, and sees his daughter regularly. My wife and I know him to be a great dad, and his daughter is well taken care of... His wife is saying (perhaps now that she has a steady boyfriend), that the child is hers, not his, telling him to have his own biological child with another woman, etc. He loves his daughter dearly, and as one can expect, his wife is causing him quite a bit of grief.

His question is the following? Can his wife renounce him as the father of his daughter according to Dominican law? I might add that he has no criminal record, does not abuse drugs or alcohol, etc., etc. He feels that his wife might be thinking that the new boyfriend can eventually become the new legal father, and tentatively cut him out of the picture completely, which would be traumatic for both him and the daughter.

I told him that I think she can, but only for extraordinary cicumstances, which would not be applicable in his case. Does anyone have a more definitive answer? Thanks for your replies!
Click to expand...
This is a question that needs a professional reply from Fabio Guzman, but let me say this.
No matter what legal rights he may or may not have, he will not be able to win this game, if the mother wants him out.
It would already be a huge battle in countries with strict laws and enforcement.
Here in the DR, if the mother wants you out, your out.
If he stands any chance of keeping contact, it will be by buttering up the mother as much as he can, and honouring all her wishes. IMHO.
 
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Rocky

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Hillbilly said:
The divorce proceedings will spell out who gets what. If the divorce decree grants the father partial custody, or shared custody, there is not much that the mother can do.

If the father can find a good lawyer, it is possible that he could get full custody, given the adulterous behavior of the wife... (I am sure there is more to it that this of course)

Unless the woman can get a lawyer to denounce the fraudulent birth certificate--and her complicity in the fraud--I can't see how she could obtain full custody.

But, this is a thing for lawyers, I am just going with my gut on this.

HB
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Bear in mind that this is a "gringo against Dominican" thing.
Sounds like an uphill battle to me, with very little chance of the man winning.
 
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cuas

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There must be more to the story.
As a mother I will be afraid that the father will run to Italy with my child.

Many years ago there was a case of a Dominican woman who had a child with an look alike Iran/Irak man. The man wanted to take the child to his country. this was before DNA. The woman was taking to court and told the judge that she cheated and the child was not his. She won the case. The father left without his child.

I will do the same too and knowing that the child has Italian passport, this is a NO NO. You can see the child whenever you want but whereever I can see you.
 
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daydream

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Sep 19, 2004
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Rocky said:
Bear in mind that this is a "gringo against Dominican" thing.
Sounds like an uphill battle to me, with very little chance of the man winning.
Click to expand...


I know this is a little off track but what would happen if the wife was the gringa in this equation? How likely would she be to win in the 'gringa against Dominican' thing?

Back to the situation here - If DNA tests are carried out and prove that the Italian man isn't the biological father, does that mean that he loses all rights to the child?
 
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Rocky

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daydream said:
I know this is a little off track but what would happen if the wife was the gringa in this equation? How likely would she be to win in the 'gringa against Dominican' thing?

Back to the situation here - If DNA tests are carried out and prove that the Italian man isn't the biological father, does that mean that he loses all rights to the child?
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We need Fabio for the legal answers.

I imagine women have stronger claims to kids, than men, regardless of the Dominican/gringo thing, but I expect that a Dominican father could exert more legal pressure than in the other scenario.
 
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Criss Colon

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Never Forget,That in The DR,......

"Money Talks", and "Bull$hit" walks!
No doubt,the woman in question is poor,and has no money,unless the "new Boyfriend" is also,a "Foreigner"! In any case,I doubt the new guy will spend any money to get a child that he did not father,especially if he is a Dominican.
Soooooooooo,the "Italian" can use his "deep Pockets",to "Out Lawyer" the poor Dominican!!! I say he has a good chance at "Full Custody" if the above "conditions" are in play!

Good Luck,Too few men in the DR take responsibility for their own children,let alone the child of another man!
Cris colon
 
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Daniel W.

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Jan 20, 2003
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Thanks everyone for your input.

My Italian friend would surely be interested in persuing any proverbial "uphill battle" if the Dominican mother attempts to change the child's paternity while here in Italy, by way of the Dominican Embassy in Rome or in the Dominican Republic.

I do hope that Mr. Guzman will eventually chime in to give us a definitive and authorative answer...

Thanks again, all!
 
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Daniel W.

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Jan 20, 2003
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Perhaps I wasn't clear in my initial post, but the mother, child and boyfriend all are living in Italy, not in the D.R.
 
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R0CKY

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Nov 16, 2007
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Daniel W. said:
Thanks everyone for your input.

My Italian friend would surely be interested in persuing any proverbial "uphill battle" if the Dominican mother attempts to change the child's paternity while here in Italy, by way of the Dominican Embassy in Rome or in the Dominican Republic.

I do hope that Mr. Guzman will eventually chime in to give us a definitive and authorative answer...

Thanks again, all!
Click to expand...
It may be a good idea to send Mr. Guzman a PM and ask him to look into this thread.
 
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R0CKY

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Daniel W. said:
Perhaps I wasn't clear in my initial post, but the mother, child and boyfriend all are living in Italy, not in the D.R.
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Again, I'm no expert, but I would think that your friend would need to consult an Italian lawyer.
 
Hillbilly

Hillbilly

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So let me see if i got this right: The Italian guy comes to the DR, finds a woman that will sleep with him, gets "pussy-whipped" to death, marries the woman, even though she is knocked up with another guy's child, supports her, get her that wonderful visa to the European Union, takes her and the baby to Italy, where she plies her "trade" while he is away, finds someone she likes better, gets the second guy to house and feed her.

Somehow I think that your friend needs a brain and a good Italian lawyer. The woman is a hooker, plying her trade. If the guy plays his role right, he could get full custody, I'm betting.

And this thread should be in the Sankie forum!! He's been had, but good.

HB
 
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R0CKY

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Hillbilly said:
So let me see if i got this right: The Italian guy comes to the DR, finds a woman that will sleep with him, gets "pussy-whipped" to death, marries the woman, even though she is knocked up with another guy's child, supports her, get her that wonderful visa to the European Union, takes her and the baby to Italy, where she plies her "trade" while he is away, finds someone she likes better, gets the second guy to house and feed her.

Somehow I think that your friend needs a brain and a good Italian lawyer. The woman is a hooker, plying her trade. If the guy plays his role right, he could get full custody, I'm betting.

And this thread should be in the Sankie forum!! He's been had, but good.

HB
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I'm not so sure about that.
If that were the scenario, wouldn't she want the OP's friend to continue paying child support?
It sounds more like this woman was a bit desperate when she met and married the OP's friend.
Both of them were unwise for marrying.
For the good of her child and her own security, she sticks with her hubby for a couple of years, but she is dissatisfied and realizes her mistake.
Along the way, she meets another dude who she falls in love with, and now, she wants to make a clean break and is not just trying to take the hubby for his money, as most women would do, let alone a hooker type.
Make sense to you, HB?

Of course, we're at the mercy of the info being given to us, but assuming it is pretty accurate, I just can't see her as being a hooker.
 
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rubio_higuey

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Feb 7, 2007
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AND, if the child was born in Italy (you said she was pregnant when they met, right?) it si 100% Italian matter and has nothing to do with DR, so any DR legal advise would not apply to Italy. As suggested, your friend should consult an Italian lawyer. But things being the way they are in N America and Europe, if he doesn't have way too much money the woman would probably get the custody.
 
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Fabio J. Guzman

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Jan 1, 2002
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Legally, the Italian gentleman is the father of the child with all the rights and obligations of a father, including seeking full custody, etc. by virtue of Articles 312 to 318 of the Civil Code. If the mother wishes to deny this, she would have to file suit. This may involve more than just DNA testing because of the strong presumption established by Dominican law.

Also, since the child is Italian and both parents are living in Italy, there is an additional complication here with regards to whether Dominican or Italian law would be applicable to the case.
 
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