Dr Passport For Children, The Law

[hi-tec]

Is there a law or regulation to normally prevent issuing a DR passport to a minor unless both parents approve it?

As you probably know that is the case in the usa..

[Dolores]

I believe there used to be such regulation, but now the parent with the guardianship can request the passport.

[hi-tec]

how you demostrate "guardianship" (custody?), legally.

"they" (DR gov) should not take words, sworn statements, or cincunstancial evidence as proof or evidence,

IMO there must be a court order stablishing such rigths (only one parent custodian)

come on legal experts... quote me the law or point me to the article or website that contains the law or regulation

btw
in most countries there is a lot of info as to where and how to do this and that BUT

no easy way to search the laws which is the most important to keep an orderly society, most people go by hearsay

imo, lawmakers are mostly lawyers and lawyers like to keep people in the dark.

an example is that a law is approved in most countries but most lawyers dont even notice unless they are very active in a related case.

been therw done that.

[Dolores]

The divorce statement tells who has the guardianship.

[hi-tec]

excuse me but, what about if there are no "divorce statements", for two reasons,

1- parents were never married

2- parents did get married but never got a divorce

anyone knows if there is a law or regulation about this matter?

anyone knows the name of the agency that issues passports and the name of the person who is the administrator?

[Fabio J. Guzman]

The relevant provisions are in Articles 371 to 387 of the Civil Code about the "authority of the father and the mother" ("De la autoridad del padre y de la madre”) and Articles 82 to 109 of Law #136-03 (Code of Minors). The situation in a nutshell is as follows:

(a) If the parents are married, they have joint custody of their children (Art. 372).

(b) In case of the death of a parent, full custody goes to the surviving parent (Art. 373-1)

(c) If the parents are divorced, custody goes to the spouse chosen by the Court. The other parent will have visitation and supervisory rights (Art. 373-2)

(d) For children born out of wedlock, custody goes to the mother. However, if the father “acknowledges” the child as his, within three months of the date of birth, he may petition the Court to grant him full or joint custody (Art. 374).

(e) If the father does not ”acknowledge” the child as his and the mother is not in condition to properly care for the child, custody will go to the maternal grandparents (Art. 374).

(f) Custody can be revoked at any time by the Court depending on the circumstances and the best interests of the child (Art. 86 and 102 of Law #136-03).

[Dolores]

The Direccion General de Migracion's passport department issues passports to Dominicans. The director of the Migration Department is Carlos Amarante. They have a website at http://www.migracion/gov.do and list despacho.gral@verizon.net.do as their email address. Try emailing them, but I would also recommend that you contact them by telephone, though, which could be more productive than waiting for them to respond via email. See http://www.migracion.gov.do/contactos.htm

The direct contact details for the Department of Passports, a division within Migration are:

Dirección General de Pasaportes
Av. 30 de Mayo esq. Héroes de Luperón
Santo Domingo, República Dominicana
Tel.: (809) 532-7373
We do not have a direct email for them.
But if you call them, they can give you answers to your specific questions.

[hi-tec]

Thanks dolores and Fabio,

I am getting a better picture now, but have more questions.

As you probably know specific laws go above the Civil Code which is tipically old and general in nature, does not take into consideration present social circunstances.

Are there laws regarding Custody (which may affect the passorport issue) that may 'overide' the Civil Code?