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Puerto Rico Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: Moving child support and visitations to Texas from Puerto Rico.

Moved 1 yr ago with 12 yo child (7th grade). Starting 8th grade, but after 1 mo vacation in Puerto Rico, child wants to stay in the Island. I discovered the child is being emotionally and psychologically abused by father and stepmother, and exposing child to sexual behavior. PR order states... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 16, 2018

Good afternoon and thank you for using JUSTIA. You must file a motion in court with the evidence and request a hearing on the matter. At the hearing you will need to show that visits with the father in Puerto Rico are emotionaly and psychologicaly damaging to the child and why.

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: My son is attending boarding school in PR. How can I give guardianship to my sister for his medical care, etc?

I'm in Louisiana and my son is in boarding school in PR. I'd like to authorize guardianship or POA to my sister who also lives in PR, in the event my son needs medical treatment, etc. What form should I ask Louisiana notary to prepare for my signature here, and for my sister to accept... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 21, 2018

Good morning and thank you for using JUSTIA. You can prepare a notarized general POA in favor of your sister that allows her to take and or make any decisions for the benefit of the child such as social, medical, educational, domestic or the like. You must mention the childs exact legal name as... Read more »

1 Answer | Asked in Child Custody and Family Law for Puerto Rico on
Q: Can I leave the island with my two month old son? Father has only seen him twice, and not supporting him financially?

We are not married or have an open custody battle. I would like to move to the states for better opportunities as I can’t find work here. Can I leave the island without getting in any legal trouble?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 19, 2018

Good morning and thank you for using JUSTIA. Yes you can travel with your child with no legal problems. The legalities begin when the father has petitioned the court for his parental rigjts and you donot respond to the court. As long as you respond to all court proceedings there will be no legal... Read more »

1 Answer | Asked in Child Custody for Puerto Rico on
Q: I want to give temporary guardianship to my mother in law, who lives in Puerto Rico. What document do I need.

My mother in law says that the form, Appointment of Temporary Guardian for Minor Children is not accepted in Puerto Rico. Is this correct?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 11, 2018

Good evening and thank you for using JUSTIA. No this is not correct. You can send said document to her and she will need to visit a Notary Public in Puert Rico to have said document certified as full faith and credit (protocolizado). Said Notary will issue a document and submit it to the Supreme... Read more »

2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: Ex wants see ex-in-laws will, there's no will, want declaration of heirs, nothing for her, do I have to show it?

Ex-spouse wants to see ex-in-laws will but there's no will, now she wants to see the declaration of heirs, nor her nor the children are mentioned in it nor did they inherit anything, do I have to provide it? Me and my siblings don't want to as it is none of her business, we divorced in... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 11, 2018

Good evening and thank you for using JUSTIA. Your parents estate would not have any thing for them since they are not the inheritors. They have no legal right to receive a copy. Now what you can do is file a motion in the NJ court requesting visitation rights and explain to the court what your ex... Read more »

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1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: My husband's son lives in Puerto Rico and they do not have a custody arrangement. How can he file for custody?

The son is living in very bad conditions due to the recent hurricane, can he file emergency custody?

Naomi Jusino
Naomi Jusino
answered on May 8, 2018

Dear reader:

To file a custody or visitations case, you will have to file in the court of the area where the child lives.

1 Answer | Asked in Child Custody and Family Law for Puerto Rico on
Q: What are the rights of the father when your child was born out of marriage? Who would have the custody ?In Puerto Rico .

What are the rights of the father when your child was born out of marriage? Who would have the custody ?In Puerto Rico . I asked since I just move to the US with out father's awareness

Naomi Jusino
Naomi Jusino
answered on May 8, 2018

Dear reader:

In Puerto Rico a child born outside a marriage has the same rights as one born during marriage.

The legal custody is established by the court.

1 Answer | Asked in Child Custody for Puerto Rico on
Q: Does the Puerto Rico court take an affidavit aggrement made by both parents in consideration ?

If I made notarized affidavit with children's father with him stating that he allows me to take the children to reside occompanied by me to the US with the condition that he is able to take them back to Puerto Rico for vacation for no more than one month at a time. He would also have to make... Read more »

Naomi Jusino
Naomi Jusino
answered on May 8, 2018

Dear Reader:

Yes, is can be considered in a custody case as a previus agreement. But if for some reason things change, the court can establish new conditions and reevaluate the custody case or visitations plan.

1 Answer | Asked in Child Custody for Puerto Rico on
Q: If I am grantes custody of my children in Florida do I have to appear in court if my ex filed in PR?

I filed for custody here and the mother filed a month later in PR. My children have been here 6 mos. I recieved notice that I am going to be held in contempt for not responding to her filing there. What are my options?

Naomi Jusino
Naomi Jusino
answered on May 8, 2018

Dear Reader:

If you were summon, the right thing to do is to answer. You can notify to the court that there is a case in FL and that the kids are living there for 6 months or more.

1 Answer | Asked in Child Custody for Puerto Rico on
Q: How I can give the whole custody to the other parent?
Naomi Jusino
Naomi Jusino
answered on May 8, 2018

Dear Reader:

Yes, under the laws of Puerto Rico you can give the custody of a child to one parent or to both.

1 Answer | Asked in Child Custody for Puerto Rico on
Q: At what age does child support obligations end in PR?

I live in NC and my daughter resides in PR.

Naomi Jusino
Naomi Jusino
answered on Mar 15, 2018

Dear Reader:

As a normal rule, the alimony or support obligations ends at the age of 21 (legal age). But your dauther can request support after 21 years if she is studying and/or has any limitation to work or live independently.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Puerto Rico on
Q: Are there any resources in PR for dealing with Parental Alienation issues?

http://www.duhaime.org/LegalDictionary/P/ParentalAlienation.aspx

Naomi Jusino
Naomi Jusino
answered on Nov 9, 2017

Yes.

Under a case of custody or visitations you can allege Parental Alienation.

1 Answer | Asked in Child Custody and Divorce for Puerto Rico on
Q: If a woman is married in Puerto Rico and live in pr with her husband and kids can she divorce and bring the kids to usa

She was married in pr and had her kids in pr.

Naomi Jusino
Naomi Jusino
answered on Jun 12, 2017

Yes. You have to file a divorce and custody case in Puerto Rico. You will need to request the transfer of residency of the minors to the USA. The court will evaluate the request so you can travel to the US with the kids.

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: What are my rights as a mother that wants to leave Puerto Rico but the father does not want to sign the permissions?

I'm unemployed to have nothing going for me here to give my son. I would like to leave to the United States to give my son a better life, education, ECT. I really need help on finding out what I should do so I can leave or if I could leave..

Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

Hi,

Even if the father doesn't gives you the permission to leave Puerto Rico, you can file a case of Custody and transfer of the minor to the US. This will take a while if the father doesn't consent quickly, but the Court will initiate an evaluation of the new residence of the...
Read more »

1 Answer | Asked in Child Custody for Puerto Rico on
Q: Can I legally talk to a judge so I can have full custody with my mom and my dad could have visitation rights?

I am currently in shared custody with my two parents but I would prefer to live with my mom and at least allow my dad some visitation rights. Is there a procedure for this? If so then what should I do?

Naomi Jusino
Naomi Jusino
answered on Mar 18, 2017

Yes, as a last remedy and, in some cases, after social workers interview the child, there is a possibility that the minor can be interviewed by the judge. There has to by a reasonable cause or sustanciable controversy for that petition to be accepted by the judge. A child testifying in court about... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Puerto Rico on
Q: I been living in PR since Nov. w/my daughter. My ex lives in FL & is wanting to file divorce would he have to file here?

I have had my 2 year old under my care since she was born. I have been on and off with my husband the father of my daughter for the past two years. We actually only lived together under my parents household in FL for 5 months since our daughter was born and then we have been separated. I finally... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 28, 2017

November was about three months ago. Under the Uniform Child Custody Jurisdiction and Enforcement Act, which is the law in Florida, the courts of this state have jurisdiction to award custody, because the child has not been in Puerto Rico for at least six months. Puerto Rico has not adopted the... Read more »

1 Answer | Asked in Child Custody for Puerto Rico on
Q: What is the process for contesting a child custody order.
Naomi Jusino
Naomi Jusino
answered on Jan 11, 2017

Once you receive copy of the complaint via summons, you will have 30 days to answer it and accept or deny it. You will have to file the answer in the Court that has jurisdiction to work with the case and send a copy of it via postal mail to the other parties in the case.

1 Answer | Asked in Adoption and Child Custody for Puerto Rico on
Q: My daughter lost custody of her 3 kids to the Father's dad and stepmom they live in PR.do I have any rights to see them

I'm Their mom is my daughter

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Oct 30, 2016

Unfortunately, grandparents do not have many rights. In order for you to get rights, you have to prove a very high standard of harm to the children if you aren't granted rights. That is usually only done in cases where they have lived with you in the past.

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