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Questions Answered by Jose M. Rivera Santos, Esq.
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, Esq.
Jose M. Rivera Santos, Esq. 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 Divorce for Puerto Rico on
Q: Hello. My husband has filed for divorce. We have been married for over 10 years but I moved to P.R 3 years ago. Can I

hire a lawyer in P.r to represent me and am I entitled to alimony?

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Mar 22, 2021

Greetings

You can request temporary spousal support and some specific situations, even though is not the norm in the Puerto Rico jurisdiction to grant alimony, you can ask for ex conjugal support until you have the means to support or fend for yourself. Note that this can be possible only...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: How is a divorce decree obtained if someone was not present during divorce court?

Ex spouse is not willing to provide a copy or information.

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Mar 12, 2021

Greetings

It's as easy as finding out in what court the divorce hearing took place and request a copy of the divorce decree.

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, Esq.
Jose M. Rivera Santos, Esq. 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...
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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, Esq.
Jose M. Rivera Santos, Esq. 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...
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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, Esq.
Jose M. Rivera Santos, Esq. 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 Real Estate Law, Probate and Estate Planning for Puerto Rico on
Q: Can a grandchild claim real estate inheritance if the property has not been claimed by my mother or her siblings?

My grandfather passed away about 25 years ago and the property was never transferred to my mother or her siblings, it remains in his name. If 2 of the 5 remaining children will not voluntarily sign over the property, can I dispute? The house is derelict and unoccupied.

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

Greetings

Yes, a grandchild can claim for his her rightful inheritance.

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, Esq.
Jose M. Rivera Santos, Esq. 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 Child Support for Puerto Rico on
Q: i just found out that i have a sibling after my father passed do we owe him child support in Puerto Rico?
Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Feb 6, 2021

Greetings

The truth is that you do not have to answer for the child support obligations that your late father had.

As a sibling, if he or she can file for siblig or parental support if he or she has one of the requirements that allow this to happen.

1 Answer | Asked in Child Support for Puerto Rico on
Q: My son is 31 yrs old and I still owe him back child support, do I still need to pay the back child support?

My son stopped going to school when he was 13 yrs old. When He was 16-19 yrs of age, he was living with me, but child support continued going.

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Jan 26, 2021

Greetings:

You can notify the court or the agency that has jurisdiction over the child support case so they can ankowlege that you were providing and caring for your son with the proper evidence. Your son has to come forward and certify that this indeed happened. You may have to request an...
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1 Answer | Asked in Criminal Law for Puerto Rico on
Q: I summit a Interstate compact transfer on parole, Its a requirement to be marriage with the couple iam moving with.
Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Dec 17, 2020

Greetings:

It is not a requirement that you're married to your third custodial party. The custodian will have to comply with the agencya requirements and give his/her information.

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, Esq.
Jose M. Rivera Santos, Esq. 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 Divorce and Real Estate Law for Puerto Rico on
Q: Hello, I purchased a property prior to getting married, in San Juan. Does my husband need to sign if I want to sell it?

I want to sell but he doesn’t and we are going through a divorce. I live in New York. Does he have any claim towards the property? It is a condominium. Thank you.

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Nov 26, 2020

Greetings

If you have a prenuptual agreement and/ or aquired the property prior getting married (like you wrote) the property is privately own by yourself under Puerto Rico property law. But in the absence of a prenuptual agreement, any income might be considered share property. There are...
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1 Answer | Asked in Mergers & Acquisitions and Estate Planning for Puerto Rico on
Q: My father passed away last year and i cant travel to PR due to being positive for covid. How can I assure it goes to me.

He passed away last year and I cant travel due to being positive for covid. Is it true I was only suppose to have a year to claim the property?

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Nov 26, 2020

Greetings

You will have to evalaute whether if there's a need to bring to the court any other interested parties and hire legal representation. Now with this pandemic, there are ways to have a videoconference if the court is convinced that there's no need for you to be in person...
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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, Esq.
Jose M. Rivera Santos, Esq. 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, Esq.
Jose M. Rivera Santos, Esq. 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...
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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, Esq.
Jose M. Rivera Santos, Esq. 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...
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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, Esq.
Jose M. Rivera Santos, Esq. 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...
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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, Esq.
Jose M. Rivera Santos, Esq. 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.

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1 Answer | Asked in Divorce for Puerto Rico on
Q: My mom bought a house for me I was married my husband's name is not on the deed and we're divorcing. Can he get house.
Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Oct 5, 2020

Greetings:

Did you have a prenuptial agreement when you married? Did he agreed to this when it happened? If so. is it documented? I what jurisdiction is the property situated? All of these questions can help into solving this controversy. Even so, he might try to go after this property. If...
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