I have a friend who is from Panama...?

Question

He is legal, married to a white woman, and lives in the United States. They have 2 kids together. He wants a divorce and wants the kids. He is responsible, working .... all good things. His wife wants the kids as tools and support from him. I say white woman because what I am wondering is if there is any Panamanian Law about the custody of the children will go to the father to protect his culture and I guess blood line from him to his children.
Example: The Native Americans have a law that protects all Native American children. That the children in any way possible to stay part of their culture and tribe. So, A Native American man has 2 kids with a white woman, they want a divorce, the kids go to the man, because their culture is protected.
I don't know if I am making sense. Any help with the Panama child custody or culture protection laws would be great.

Answer 1

As a Panamanian attorney I can assure you there are no laws issued by Panama that may be enforced in this matter in the US.

Unfortunately the laws of the country where the divorce is filed will take jurisdiction and competence on the matter. In this case, the state where they file. Hopefully if they got married in Panama there's a slim chance if they file here, to request joint custody where the father will establish legal residence in Panama, but the mother's right to visitation will still be protected by an international treaty on child custody.

Good luck.

Answer 2

Really doen't matter what the Panamanian law is if they get divorced here. The US law would apply. US courts traditionally give custody to the mother or joint custody. If they cannot prove the other parent is a danger to the kids then they both have legal rights to custody.

You seem to stress the term white woman. Most hispanics I know consider themselves white. Unless he has some native american or african in his heritage.

Also you seem to discount the mother's culture. What if she said she wants them brought up to understand the irish, scandinavian, german or british culture and heritage?

The thing is...unless the children are taken back to Panama, which the courts would probably hesitate to allow, as the mother has rights also, then the children will be brought up in the melting pot culture of the US.

The native americans have reservations and separate schools for their kids. I'm not aware of a Panamanian reservation anywhere.

Answer 3

There isnt such a law..Sorry I am Panamanian

The Children will go to the Mother..unless they can prove that she is Crazzy, or an Addict....Drugs, or Alchol...and of course if they can prove abuse...If none of this are present, forget it, he wont get the kids...Thats how it is here...
Native Americans are Americans, and they follow American laws, Panamanians that are here in the US, follow Us Laws, Panamanian Laws dont play a role inside the US...And the cultural issue, wont be a biggie cause, there shouldnt be more importance in one culture than the other. meaning that Why should the US put more emphasis in having a child to grow up more with the Panamanian culture? The American Culture is as important as the Panamanian...so I guess he wont be able to do anything sorry

P.S. I hope is not my ex-husband...lol

Answer 4

Napoleonic Code favors the woman in all cases concerning Child Support. Only the US and things Britain do not branch from Napoleonic Code. I don't know what a person from Panama can claim as culture. The Native American law came to be because of Christian missionaries kidnapping children off the reservations.

Answer 5

The laws regarding native americans are federal and state law. They have nothing to do with anyone else.

The custody will be decided by where the divorce is filed, and THAT will be determined by local residency requirements AND a law called the UCCJA or UCCJEA (depending on which one the state passed). [google it - it has to do with custody]

The laws of Panama should have nothing to do with this, since the kids are (apparently) living in the US.

Your friend should make sure that Panama has signed on the Hague Convention On Child Custody (or something like that) - it's a treaty (US signed it) that says the other country must honor the divorce decree from another signator country.

Answer 6

If they live in America then they abide by American law and I don't thinkt here are any laws geared toward protecting certain groups...Native Americans are a whole other story - that "law" sounds more like a custom

Answer 7

Your talking about ICWA (Indian Child Welfare Act) I don't know if Panama has anything like that, but I doubt it could be enforced if HE is a US citizen.

Worth looking into though.

to other posters YES it is a FEDERAL LAW, not a 'custom"

Answer 8

I'm Panamanian, and there are no laws...But i hope his kids learn the culture, that would be nice...