This is never going to happen, you will find the courts will not allow the mother to mess around, she will be firmly put in her place by the judge for using the child as a tool. And she will be told what she is to do, don't think the mother holds all the strings, this is not true, I used to think the same. The courts are there to do the best for the child, and like I said, once the child is 4 years old, what they wants stands very very strongly in court.
- Thread starter ricardofb03
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Filing for custody: Help
This is never going to happen, you will find the courts will not allow the mother to mess around, she will be firmly put in her place by the judge for using the child as a tool. And she will be told what she is to do, don't think the mother holds all the strings, this is not true, I used to think the same. The courts are there to do the best for the child, and like I said, once the child is 4 years old, what they wants stands very very strongly in court.
But..... in the present case, the mother lives in the D.R., the father moved to the US and the child went to ''visit'' his father. A Court of law will not authorize the child to live outside the D.R. if the mother (in this case) does not agree. We never know what could happen with a corruped judge though.
This is going to get real ugly if the no custody agreement were signed by both parents. The mother has only contacted the Dominican Consulate in NYC, but if she contacts the American Embassy in the DR she can stop the child from getting Permanent Residency as she didn't agree in writing that the child can live in the USA with father and step-mom.
The USA is a signatory member of the Hague Convention on Child Abduction and they are obligated by international laws to return the child back to her mother. The mother only gave permission for the child to travel. She didn't give the father custody base on what I have read here. The father is illegally keeping the child in the USA.
A lot of parents remove their kids without the proper permission from the USA, and one parent end up never seeing their kids. The USA has a lot of problems claiming American children abducted by one parent and taken to another countries.
The child shouldn't have never received a visa without DR court custody documents signed by the mother. The us made a terrible mistake by giving this child a visa without the proper documentation.
The USA is a signatory member of the Hague Convention on Child Abduction and they are obligated by international laws to return the child back to her mother. The mother only gave permission for the child to travel. She didn't give the father custody base on what I have read here. The father is illegally keeping the child in the USA.
A lot of parents remove their kids without the proper permission from the USA, and one parent end up never seeing their kids. The USA has a lot of problems claiming American children abducted by one parent and taken to another countries.
The child shouldn't have never received a visa without DR court custody documents signed by the mother. The us made a terrible mistake by giving this child a visa without the proper documentation.
The USA should make an example out this case and send the child immediately back to the DR. They issued this child a visa by mistake.
You may be right about the written agreement. But she did know her daughter would reside here. I do have copy of Facebook conversations in which all of the correct information was sent to her and she agreed to everything. Unfortunately, there was no previous custody agreement as none of this was an issue.
Many of my friends have gone through the K2 visa with their step children without a custody agreement and have been okay. So it's not the first K2 granted without a custody agreement. But I do agree, that should be a law to avoid issues like these.
The mother quoted "Have communication issues and would like the return of my daughter eventually" which is what is going to happen! The Dominican Embassy told me if she does not come into an agreement, the only other thing that could be done is to present oneself before the judge to settle the custody issues and come into an agreement. The Embassy can only try to mediate the issue helping both come into an agreement, and if that's not accomplished then my husband and her will see the judge. They also told us she cannot file kidnapping charges because she signed the permission to travel and because she does have communication with her daughter. As of now the child cannot travel anyways because she doesn't have AP or her residence card yet.
So what is going to happen, is either it's settled in a nice way through the Embassy and if not it will be settled through the courts. And if settling means having to send her back, then that is what's going to happen. People, nobody is trying to take her away from the mother, it's all about coming into an agreement in hopes for the best interest of the child, whether it's in DR or here.
Thanks! Yes, well hopefully things settle down if they are able to come into an agreement. Since her residing her was a temporary plan, she would be residing with her mother for the rest of her childhood years and visiting us when the mother allowed, if things go well.
I just reread the thread to see if I'd missed something.
I think the biggest mistake is not getting a lawyer. I don't care that the Dominican consulate says you don't need one, I just don't think you get legal custody papers without one. Even if you come to an agreement, it must be converted into a court order. If they are qualified to mediate an order, it'll still need to go to a judge. In which case, you'd want to have your own lawyer review it.
The sooner you get into court, the sooner you can have things decided and move on.
It's a matter of opinon as to whether a young child raised by her mother for three years is "better off" going to another country with her farther for a year to normalize her legal status.
I think the biggest mistake is not getting a lawyer. I don't care that the Dominican consulate says you don't need one, I just don't think you get legal custody papers without one. Even if you come to an agreement, it must be converted into a court order. If they are qualified to mediate an order, it'll still need to go to a judge. In which case, you'd want to have your own lawyer review it.
The sooner you get into court, the sooner you can have things decided and move on.
It's a matter of opinon as to whether a young child raised by her mother for three years is "better off" going to another country with her farther for a year to normalize her legal status.
Yip, absolutley! She will walk into court without a lawyer, she thinks she doesn't need one! Huge shock for her! Skint Dominican on dominican do it this way, but when a foreigner is involved, different story, don't even think about entering without a good lawyer!
Actually what happened in history does not play any part at all in court unless there an accusation of abuse, which is unlikely as there has been no comtact for an accusation to be known ( for instance, even if you prove you have been paying maintenance for a million years they are not interested, the court is there to resolve the future of the child, save the western union receipts but in court, not worth a poop). The court is taken from the moment of the first citation, first step, the mother will not want to go to step two because if it is raised to a higher court then homes are visited and livelihood is investigated, seriously and custody is always granted to the person who HAS been looking after the child, unless abuse is on the cards, again, not possible unless she is very very rich, which she isn't.
You are correct that if this is taken to a higher court then the guardian of the moment will be refrained from leaving the country until the case is closed, the passport is taken copied, and your fkd if you wanna get out of here, this can go to 5 months on the high court, bare that in mind ( you go to court, she doesn't agree, your passport is taken processed with the criminals, you can't leave until it is, then after that if you don't get custody you have to pay one years maintenance up front before you can leave, FOREVER.. There ain't that many corrupt judges in the child and family courts, but an influential lawyer can create waves.
i want to emphasize, who ever make the citation keeps custody until a court date!
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For those in the US, save the receipts if you bought clothing, food for your child. If you give the mother money make sure you have proof otherwise when you go to court you will pay arrears. Judgment is passed from the date of the petition for child support. If you do not have proof of payment then you will owe from that day forward.( arrears) If you have proof, then you will owe from the court date forward( the date judgment has been passed). From the day of the petition(when you filed) to the actual court date, could take a few months. Never go to court without a lawyer.
I do have receipts of air fare, clothing, child support my husband was sending one year before the child came, the medicals done before she came here and anything we paid for the immigration process. We also do have copies of medical records that have been dealt with here being that she only had 3 vaccines when she is supposed to have 10, and also dental receipts. We've also kept Skype copies of calls and copies of conversations with the mother from before and now.
La Rubia, I agree. We were kind of putting off the lawyer since we did not think it would escalate to this, but seeing the way things are moving, we will definitely need one!!
If they do check where they live it is possible she may lie about where she lives, because when she cited my husband for child support years ago she put her sister's address. Her sister has a bigger house with more rooms. But the "Poder" does have her real address and I have conversations in which she has always given me that address.