Visitation rights in the Dominican Republic

Visitation rights in the Dominican Republic

  • By:Vianela Morillo
  • 0 Comment

Visitation Rights in the Dominican Republic are rights carried by the parent who does not have custody of the child. In practical terms, the parents can mutually agree on a type of visitation schedule, but they also have the option of having a Judge determine the best course of action based on the specific case.

Despite the fact that having continued contact with both parents is a simple and necessary topic for the development of our children, I understand that getting separated parents to reach a consensus may present a great challenge; where they must agree on who will have custody and what visitation schedule will come into play.

Forgetting that this is a Right, not only for the Parents but also for the Child; when we prevent our children from having contact with the other parent, we are inflicting irreversible damage and deficiencies in our children, and this can all be avoided simply by reaching an agreement between the parents, without having to go to court. That being said, there are situations that warrant an evaluation by specialists and judges, or worse still, disallowing contact between one of the parents and the child, for reasons we will explain below.

Nevertheless, the purpose of this content is mainly to establish the following:

  • When one of the parents has the right to have contact with their child, through “Visitation Rights”.
  • The different types of “Visitation Rights” contemplated in the Dominican legislation or in practice.
  • When a parent DOES NOT HAVE ACCESS to Visitation Rights due to what we call “Loss of Parental Authority” takes place.
  • Among others we will explain below.

Let us first establish the steps to Request Visitation in the Dominican Republic 

  1. Reconciliation, this phase takes place in the Prosecutor’s Office of the Children and Adolescent Court corresponding to the domicile of the child.
  2. Presenting the case to the Children and Adolescent court with jurisdiction.
  3. Social and psychological evaluation of the party involved in the process by the National Council for Children and Adolescents (CONANI in Spanish).
  4. Among other steps related to the judicial process.

However, before going through this process, there is no harm in trying to reach an agreement between the two parties and thus avoid the litigation process, time, and evaluations, among other things. You may consider speaking with an attorney specialized in Child Law, who could guide you in obtaining the results you are hoping for in court.

Let’s start with the most common topics that usually cause uncertainty.

  • When does a parent have the right to have contact with their child through “Visitation”?

Provided that the party does not live with the child, they have the right to visitation, or contact with the child, in their favor.

  • What are the different types of Visitation contemplated in the Dominican legislation or in practice?

We mention that question because it is asked often. There are many types of Visitation, the code does not have them clearly delineated, but the parents, the Prosecutor, or the judges, evaluate each case to determine which type is most appropriate. Some of the most common examples are the following:

a) Alternating weekends for each parent, splitting School Holidays, Easter, Christmas, New Year’s Eve, and the birthday of the child equally. Additionally, on the birthday of each parent, the child would stay with that parent.

This scenario is only viable when the other parent has the stability, security and general conditions to ensure the well-being of the child, and resides in the same city as the custodial parent, otherwise it would be somewhat difficult to comply with this arrangement.

b) 100% of the School Holidays, Easter, Christmas, and New Year’s Eve.

This arrangement is very common when the noncustodial parent lives abroad and meets the necessary conditions to ensure the safety of the child.

c) Two (2) hours during the weekend on alternating weeks, accompanied by a third party.

This arrangement is very common when the noncustodial parent does not meet the appropriate conditions to remain alone with the child and guarantee their safety and full development as a result of the parent’s lifestyle. This is quite troublesome and worrying for the system as well as the other parent.

This is a very sensitive situation, it is established by a Judge, and it is based on evidence of all kinds presented in a judicial proceeding initiated for these purposes.

d) Two (2) hours (or more) on weekends to communicate with the child online.

This type of arrangement is established for the same reasons listed above; some risk or situation that endangers the safety and development of the child.

There are multiple reasons why a parent may lose the right to Visitation or contact with the child, some of these are:

a) Infringement, negligence, or unjustified breach of their duties, when they have the means to fulfill them, i.e., payment of ALIMONY.

If you do not comply with Alimony payments, you automatically lose the right to request visitation.

B) When a parent deliberately or by omission threatens or infringes on the child’s rights, and puts their security and overall well-being at risk, as ascertained by the corresponding judge, even as a result of a disciplinary measure.

In short, the parent’s rights go hand in hand with the benefit, security, and full and adequate development of the child. If you infringe upon those, you cannot in any way have any rights toward that child.

c) Declaration of absence.

Declaration of Absence, while referring to a person who is missing, is used very often because of how common it is for one of the parents to be absent.

If you have a declaration of absence in the Dominican Republic, it is common for the following to take place:

  • Being placed under legal guardianship of an adult;
  • Civil or judicial interdiction.

When one of the parents loses their general rights over their child it is usually referred to as a Loss of Parental Authority. In these cases, the parent cannot request Visitation or anything that refers to the minor, they would only have their duty and obligation of making Child Support payments.

In this article: Parental Authority and how it might be taken away from a parent in the Dominican Republic, we explore the topic thoroughly. If you find yourself in a similar situation, please be aware that this status does not make you ineligible for Visitation rights, you would simply need to file a suit on Loss of Parental Authority against the other parent.

That being said, you might find yourself saying the following:

  • “My child’s father or mother won’t let me see my child”.
  • “I can’t see my child”.
  • “The father or mother is demanding something from me in exchange for contact with my child”.
  • “I do not know where my child is, the mother/father does not give me any information”.
  • “I can’t have privacy to interact with my child.”

Unless there is a sentence by a Judge where they have established such measures, all of these situations are unlawful. As a result, you can claim justice.

However, you must remember that this is a two-way request, in order for you to demand your right you must fulfill your duties and responsibilities. Some of these responsibilities are:

  1. Comply with alimony payments or contribute to all expenses related to your child.
  2. Do not put your child’s physical, emotional, and mental health at risk in any way.
  3. Respect your child’s rights.
  4. Contribute appropriately to your child’s development, in all aspects, including physical and emotional health, integral development, education, communication, and stability.
  5. Provide a healthy and appropriate environment for the child.
  6. Among many other things.

As you can see, the best thing to do is to communicate, try to reach an agreement between the parents, and most importantly remember that the reason why we are exercising this right is to provide an adequate environment for the child.

In our firm Morillo Suriel Attorneys at Law, we have a division specialized in Family Law with a subdivision specialized in Child and Adolescent Law. Through this unit, we can assist you with any concern or legal consultation, both Online and In-Person, that you have in the matter.

We are available

STAY IN CONTACT

Posted in: Family Law (Boys, Girls and Teenagers in Dom. Rep.)

Comments

No Responses to “Visitation rights in the Dominican Republic”

No comments yet.

Leave a Reply