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Puerto Rico Family Law Questions & Answers
1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: Good Morning! This question is concerning property in Puerto Rico. My father past away and stepmom lives in the house.

The land was transfered under my name and the small two bedroom home is divded in between stepmom and myself since im the only child. It has been 7 years my father has passed. Do i lose my privillages since i have not done anything with the property in Puerto Rico. My stepmom is stating that she is... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Oct 5, 2021

First off, my condolences on your loss. Second, I’d need to know whether your father granted his Last Will & Testament before his passing. Assuming that he left his Will, we’d need to determine whether he left your stepmom the right to inhabit the house for life. Even under those... Read more »

1 Answer | Asked in Family Law, Health Care Law and Public Benefits for Puerto Rico on
Q: my grandmother is elderly she's in a wheel chair barely moves do to her conditions and weight.my grandfather was her

caretaker. He just passed now my uncle has her but is not taking care of her properly. What can I do? I am located in CT and she is located in PR

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 29, 2021

As part of the process to legally incapacitate an elderly citizen who can no longer care for him/herself, the Puerto Rico Civil Code requires that the candidate guardian reside in Puerto Rico. During the court process, any and all close relatives who can be considered for the guardianship must... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Puerto Rico on
Q: My sister passed away in Puerto Rico. I want to assume custody of my youngest nephew. His Dad has is not part of his lif

How can I get custody and how long does it take? My wife and I can take great care of him but we need to get back to FL in aprox 10 days.

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 22, 2021

Good afternoon. As a general rule, Puerto Rico courts procure that guardians of orphaned minors reside within the jurisdiction of the Commonwealth of Puerto Rico; unless no other alternative guardians are available to care for the minor. A custody case requires that close kin be present at the... Read more »

1 Answer | Asked in Elder Law, Estate Planning, Family Law and Health Care Law for Puerto Rico on
Q: Im currently taking care of my Grandmother 95 and her brother 91. How do I go about becoming their legal guardian in pr

To be able to deal with their insurance, bills and bank I have been asked several times if I have any documents that deemed me responsible legally for them. I'm not sure what the process is to do so and the responsibilities that come with the title of legal guardian.

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 2, 2021

The Puerto Rico Civil Codes has a presumption that every adult is legally capable of managing his/her own affairs. Thus, getting to be designated as a tutor before Puerto Rico courts entails legally incapacitating your grandmother and grand-uncle. Doing so must be achieved in separate cases.... Read more »

1 Answer | Asked in Elder Law, Health Care Law and Family Law for Puerto Rico on
Q: Hi my name is Peter. I moved to Puerto Rico from Chicago to care for my mother who had cancer and was living by herself.

My mother is 78 years old and cannot care for herself. I pay for all the bills and expenses. My question is, is there any financial assistance available, through guardianship that I can apply for and how do I get this financial asistance in order to be able to pay the bills and all other expenses?... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jul 21, 2021

Greetings:

Your mother can request government assistance to get food, try to qualify for medical assistance through medicaid and other services for the elderly through the local ombudsman offices as well as other government agencies that help the elderly.

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: I have a court order video call visitation for my daughter(5yo) How can I modify it to physical visitations in Utuado
Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jul 21, 2021

Greetings:

You will have to file a modification of visitation rights and regime.

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: My younger sister was removed from my mothers home. I Only have 1 bedroom in my sm apt. I am employed will they give her

Does she need to have her own room? I have a pull out bed for her in my room.

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Apr 13, 2021

Greetings

As her legal guardian the state can try to make sure that the minor has her own space and that she-he is provided with everything required for her/his well being taking in consideration the economic means and capability of the legal guardian to be able to take care of the minor.

1 Answer | Asked in Family Law for Puerto Rico on
Q: I ordered a new Puerto Rico birth certificate about 3 months. Is there a way to for someone to go pick one up personally

I have ordered directly and through their recommended site. It’s been over 90 days

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Feb 23, 2021

Greetings

The registry is working strictly on appointments and orders. Due to a large demand the request of birth certificates has piled up overwhelmingly during the pandemic situation we currently have.

I understand that you might have and urgent matter to attend, and while there...
Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: My grandmother was guardian of my mentally ill adult cousin. My grandmother has since passed away. What happens now?

Since my grandmother died, his accounts have been frozen and his disability checks have stopped coming. He cannot take care of himself and since he has no money his health care coverage has lapsed. Now he cannot get the mental health medication that he needs. My parents, both in their 70's are... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Feb 18, 2021

Greetings

First, You will have to write a letter with the case number to the agency (veterans or Social security) to make initial contact about the situation. To have that feedback, they will give you more clear options. The remedy will depend on the government agency. You may also have to...
Read more »

1 Answer | Asked in Child Custody and Family Law for Puerto Rico on
Q: Can I relinquish provisional custody of my cousin?

I got provisional custody of my cousin that is 18 years old as of now. His father is dead and her mother is in the USA , he has a sister but its also in the USA.Also his mother was in a legal battle with his father for years ( she left the kid with his father when he was around 4 years old or 6... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Feb 12, 2021

Greetings:

You may have to address these issues directly to the court. Right now you have physical custody. Since it was temporary. You can request for other guardians to take custody and responsibility.

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: Hello! Is it possible for me ( daughter ) to refuse any past due child support from my parent now that I'm almost 30?

My Dad has a past due amount that he owns to us, we are older, we don't want that money and we would like to know if we can file a letter or something refusing all the right to any past due amount ... Thank You!

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Feb 6, 2021

Greetings

Yes you can. You can contact the agency that has jurisdiction over the case and write a letter and they will follow up on it.

1 Answer | Asked in Divorce, Family Law and Child Custody for Puerto Rico on
Q: Como puedo salir de PR para irnos para los EU y este casada legalmente con el padre de mis hijos y el no quiere ?
Jose M. Rivera Santos
Jose M. Rivera Santos answered on Dec 3, 2020

Saludos:

Se hace mediante una petición ante el tribunal mediante de un abogado y existen otros asuntos relacionados a atender.

Si tiene alguna otra duda, no dude en contactarnos directamente. Estamos para servirle.

1 Answer | Asked in Family Law for Puerto Rico on
Q: is a guardianship valid if the paper was notarized before i signed?
Jose M. Rivera Santos
Jose M. Rivera Santos answered on Nov 14, 2020

Greetings:

You and the parties involved have to be present in front of the notary when the document gets notarized. The parties involved have to sign on one joined act.

If you have any other questions, feel free to contact us directly and we will be glad to be at your service.

1 Answer | Asked in Family Law for Puerto Rico on
Q: i gave temporary guardianship to my cousin but i didn't go to a court or a lawyer i just signedknow i want him back

she doesn't want to give him to me she says i have no right but i am his mom and it was an agreement that he would come back with me

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Nov 12, 2020

Greetings:

You have the right to and will have to file through legal representation in a court of law of law so you have your child back with you and for the court to evaluate if the agreement of temporary custody has been met and and that you are in the best position and ability to...
Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: Hi, does a father have any legal rights to his children even if his name is on the Birth Cert. but never married lived w

Hi, does a father have any legal rights to his children even if his name is on the Birth Cert. but never married or lived with the child?

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Nov 12, 2020

Greetings;

The answer is yes. You have all legal rights and obligations towards your children, even when you're not legally married or have never married the mother of your children. You will have to hire legal representation and file in a court of law to establish an official and...
Read more »

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: I live in the US, my children live in PR. The dept social services has asked me to go meet with them.

They see reason to remove kids from mom. If I am awarded physical custody do I have to relocate to Puerto Rico or can I bring kids to US. We are now in court fighting for custody.

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Nov 12, 2020

Greetings:

If you're fighting for legal custody this means you have a legal representative. It is not our place to intervene in your attorney/client relationship or give you any legal counsel that may give the appearance of improper intervention due to ethical rules.

if...
Read more »

2 Answers | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Puerto Rico on
Q: How long does my son's father have to be absent to be considered abandonment, and terminate his parental rights?

We are not married. His name is not on the birth certificate. I have proof he denied the baby, refused involvement, left &moved states during the pregnancy. I have proof that he refuses to tell me where he is. I offered him a DNA test which he also refuses. He has not offered any financial... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Oct 25, 2020

Greetings:

You'll have to file a parental filiation or parentage case and all the case related to it. These type of case are very technical, so we advice you to hire legal representation.

If you have any other questions, feel free to contact us. We will be glad to be at your service.

View More Answers

1 Answer | Asked in Family Law for Puerto Rico on
Q: My mother is 60, a man we want to do DNA test is 87 I believe. But his wife and kids refuse to let him do it. How can we

How can we get permission to test him to see if he is my moms dad? He has early Alzheimers but he still recall many things.

Kevin E. Flynn
Kevin E. Flynn answered on Oct 15, 2020

To the Justia moderator, this is a question about Parents not Patents so the Patents topic should be dropped.

1 Answer | Asked in Family Law for Puerto Rico on
Q: My daughter will be 19 and lives in PR. I'm non-custodial parent. She wants to live with me in FL. Is she an adult now?

Do I need to file a court authorization request?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 1, 2020

Hello and thank you for using Justia. In Puerto Rico she is still an underaged minor for many legal situations, custody being one of them. The best scenario is for all three to talj it over and then decide. The daughter can petitión the Court for emancipation or intervention on certain family... Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: I'm 16 and live in Puerto Rico can I leave without consent?

I'm currently living under to much stress and pressure. With parents that don't try to understand how I feel or change. They can be very toxic and it affects me mentally. Can I leave without consent and stay with friends?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 27, 2020

Hello and thank you for using Justia. Un Puerto Rico the law states that a person is an under aged minor until the age of twenty-one. Thus being an under aged minor, they are under the custody of an adult. Thus you cannot leave without authorization from your parents or your custodial adult.... Read more »

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