Before explaining the process to request custody of a minor in the Dominican Republic, we must refer to the bases that support this figure. These bases are as follows:
“The Custody of minors in the Dominican Republic is regulated by Law No. 136-03, code for the protection of Children and Adolescents in the Dominican Republic”.
Article 82 of the Code of Children and Adolescents, clearly and concisely defines what Custody is. It states the following: ¨It is the situation in which a Child or Adolescent is entirely under the responsibility of one of their parents, an older family member or a third party through a court ruling¨.
That is usually caused by the following:
Something to note is that “Custody of a Minor in the Dominican Republic is a matter of public order and, most importantly, it has a provisional nature”. This means that it will never be perpetual and irreversible, given that the option of requesting its variation is always available.
The Custody of a minor in the Dominican Republic can be:
The Custody process in the Dominican Republic can take place in the following ways:
This process is widely used and requested in the Dominican Republic. This is especially true when it comes to underage children, with a parent living abroad, who has made a request for the purpose of residing in a different country. For the most part, these cases are handled in an amicable manner; conversely, for cases in which the process will be carried out by a lawsuit, the process is:
The process to Claim Custody of a Minor:
If an agreement is not reached, the claim can be started immediately, and can be done as follows:
The claim is filed with the secretary, at the Court of Children and Adolescents, along with the appropriate supporting documents and petitions, such as:
What are the factors a Judge considers when granting Custody or Visitation rights to one of the parents?
To summarize, the Judge will make a decision based on the best interest of the child or adolescent in question. The comfort and well-being of the child or adolescent is and should be, the center of the analysis in this topic. Additionally, this code also states that the following must be taken into consideration:
Immediately after the judge makes a decision on who will be granted custody of the child, they would also need to review and grant a visitation schedule to the other party, if applicable.
What are the factors taken into consideration for the purpose of granting visitation rights?
As the law states, the purpose of this process is to ensure the well-being of the child in every way possible. All circumstances and parties involved are evaluated, in order to make a decision that is:
As lawyers specializing in this topic, we strive to make this process as unintrusive and simple as possible for all parties involved, but especially for the child. All parties should also take this in consideration, and try not to harm the child with this process. Despite the fact that this is handled by a special court and is a special matter, it is still a contentious process that can affect both parties.