Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jose Rivera
2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: If my son was award custody to me in the States? Why did no one help me to get him?

I had my son and his lived in VA for over 9 month. He visit and his mother left to PR with him. VA had jurisdiction over my son when I file my paperwork. Court was a year late. I won custody of my in the states. I went to Puerto Rico to pick him up. And not one did anything to help me retrieve my... Read more »

Jose Rivera
Jose Rivera answered on Nov 7, 2019

Greetings. According to various federal laws and treaties the jurisdiction of the custody belongs to the state of Virginia. The most important of those laws pertaining this case is the uniform child custody jurisdiction and enforcement act. You will have to file the proper procedure in the court... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My Mother passed & we found out she has a few thousand in her bank acct. What is needed from the siblings to close acct?

Is there a process for closing the account and distributing the funds? The bank said a letter is needed from siblings. We want to use the money to fix my moms house.

Jose Rivera
Jose Rivera answered on Nov 3, 2019

Greetings

Yes, there is a court process that will help on distributing the funds, bonds, stock or property any property that belong to your late mother. This will allow you and your siblings to release the funds from the bank. If you have any other questions please feel free to contact me...
Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Puerto Rico on
Q: As a 16 year old can I refuse to go to my dad’s house?

My parents have joint custody, I’m on week with my mom I’m Humacao, and another with my dad in Caguas. I’ve been trying to convince my mother to ask for full custody for over two years now but she always puts it off. At this point in desperate, can I just decide not to go to my dads house? My... Read more »

Jose Rivera
Jose Rivera answered on Nov 3, 2019

The may take your opinion in consideration if your mom files for full custody, but you can't decide not to go see your dad.

View More Answers

2 Answers | Asked in Child Support for Puerto Rico on
Q: I live in florida and my daughter lives in puerto rico i had another baby that i am providing for can i lower my payme
Jose Rivera
Jose Rivera answered on Nov 1, 2019

Greetings;

It depends on different factors, i.e. your financial capacity to pay the child support you're providing for your new born child, income, age of the older dependent and many more. Feel free to contact me directly or our firm if you need any additional information. we will be glad...
Read more »

View More Answers

2 Answers | Asked in Child Support for Puerto Rico on
Q: Does my husband need to continue child support ? Puerto Rico

My husbands son is 23 . All of his friends graduated with a bachelors degree a year ago. His son is taking over 5 yrs for college because he has only been a part time student(he started college at 18yrs old) . He should be a full time student since he does not and has not ever had a job or any... Read more »

Jose Rivera
Jose Rivera answered on Nov 1, 2019

Greeting. The general norm is that the responsibility to pay child support end by the time the dependent becomes an adult. In other words, when he turns 21 years old. But there are exceptions to the rule of law. Especially when a minor goes to college or on a pursue of a professional degree before... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: If an 18 year old born in PR and moved to FL wants to move with Dad to PR, which still minor in PR, can he do it?

Dad agreed signed for her son to move with Mom to FL, but he turned 18 and wants to move back to PR. He is a young adult with Asperger (fully functional). Would it be better for the lawyer to be hired in FL or PR to fight the custody? Will he still considered a minor in PR until the age of 21 and... Read more »

Jose Rivera
Jose Rivera answered on Nov 1, 2019

Greetings; The original jurisdiction of the matter belongs to Puerto Rico, since the case that originated that agreement was filed here. Unless that was a private agreement between you and the father that took place out of the courts. If the father files for custody, the case will he here in Puerto... Read more »

View More Answers

2 Answers | Asked in Child Custody for Puerto Rico on
Q: My child has lived with me since she was 5 ms old & her father has been of unknown whereabouts since then do I still-

Do I still need custody papers even though he's been missing all this time, we were not married and his family claims to not know where he is?

Last address I'm aware of was in a prison in Pennsylvania and that's it. He hasn't paid child support in years and I can't locate his mother and... Read more »

Jose Rivera
Jose Rivera answered on Nov 1, 2019

Good afternoon, you will need to file for custody in you state of residence as well as any other procedure related to the birth certificate needed in the process that you will file in court through the attorney that you will hire. If you need any help or any additional information feel free to... Read more »

View More Answers

2 Answers | Asked in Child Support and Education Law for Puerto Rico on
Q: What would be considered as education after high school so my father will still be obligated to pay alimony?

-Currently going to University of Puerto Rico but don't want to go

- I am forced to do so because if I'm not "studying" I won't be eligible to the alimony I receive currently

-What constitutes as " education" aside from going to college

Jose Rivera
Jose Rivera answered on Sep 26, 2019

Greetings. The responsibility of feeding the sons and daughters does not end automatically when they are 21 years old. If he or she began studies as minors, they have the right to request child support to finish their studies. However, this is not an absolute right. The amount of the child support... Read more »

View More Answers

2 Answers | Asked in Child Support for Puerto Rico on
Q: Who has Jurisdiction of the child support case if the father of my son and my son lives in Philadelphia and I moved to

Puerto Rico, but the father was the one to submit the peticion requesting child support?

Jose Rivera
Jose Rivera answered on Sep 15, 2019

Philadelphia the place where he filed will have jurisdiction and they will request the assistance of any jurisdiction you relocate to.

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: Is it legal for my daughter who is 18 to just move with her grandparents in Puerto Rico?

She was born in PR but has been living with her mother and brother in PA for the past six years. She was helped by her grandparents (mother's parents) without our knowledge or consent. What are our options if any? We do not agree with her moving to PR.

Jose Rivera
Jose Rivera answered on Aug 28, 2019

This is quite a complex situation. Depending on the state where she resides, when she turns 18, as an adult, she can make her own decisions and be held responsible for her own actions. But as soon as she resides in Puerto Rico, if there hasn't been and emancipation procedure or if she isn't... Read more »

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: What rights do fathers have in custody cases?

A couple was married 2 years, and have 2 children. After multiple attempts at reconciliation due to her cheating, they separated. She took kids and moved to Puerto Rico from Florida without father's permission. Father moved for a 2 yr period to Puerto Rico to be close to kids. But now he has... Read more »

Jose Rivera
Jose Rivera answered on Jul 29, 2019

There are child support guidelines that establish this monthly payment. The amount she's requesting sounds a bit exorbitant or exaggerated. In the end it all goes down two the monthly income of both parents and the guidelines to determine the amount to e paid and the responsibility of both parents... Read more »

View More Answers

2 Answers | Asked in Civil Litigation and Identity Theft for Puerto Rico on
Q: What are alimony laws in Puerto Rico?

A couple were married a little over 2 years while living in Florida... in those 2 years, wife cheated 3 times, and they attempted reconciliation. After the 3rd time, they separated, and she took kids and moved to Puerto Rico. They've been separated 4 yrs, and he wishes to divorce legally to... Read more »

Jose Rivera
Jose Rivera answered on Jul 29, 2019

There is no alimony under Puerto Rico law. But she could ask for parental support. You have to evaluate some legal requirements to know if she's entitled to it. Some specifics of the marriage have to be evaluated in order to determine this: the existence of a prenuptial agreement; the existence of... Read more »

View More Answers

1 Answer | Asked in Child Support and Family Law for Puerto Rico on
Q: Child Support through ASUME in PR for 2 kids. the oldest recently came to live with me. How can I proceed about the CS?

I pay Child Support for 2 kids through ASUME in PR, but I'm located in TX. My kids have been living in CT for the last 5 years. My daughter is about to be eighteen, and came to live with me after her High School Graduation, but my son stayed with the Custodial Parent. How can I proceed to change or... Read more »

Jose Rivera
Jose Rivera answered on Jul 8, 2019

You and the family lawyer that you hire will have to file the correspondent ASUME claims and allegations in your original case in Puerto Rico.

2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: We're curious if we are currently living in the states and my husband pays child support here, would he still be.. oblig

Obligated to continue paying if we ended up moving to Puerto Rico? Because the age limit is entirely different from there.

Jose Rivera
Jose Rivera answered on Jul 8, 2019

If you were to close the child support case in the State that you're actually have your legal residence and move to Puerto Rico while your child is legally underage (under 21 years of age) in the jurisdiction of Puerto Rico, given other requirements, you should be able to hire legal representation... Read more »

View More Answers

2 Answers | Asked in Child Custody, Child Support and International Law for Puerto Rico on
Q: In puerto rico I'm backed up on child support . Can I be denied visitation of my child?
Jose Rivera
Jose Rivera answered on Jul 4, 2019

Usually one thing doesn’t have to cause any affect on the other. So a simple answer should be, no, it doesn’t prevent you from exercising your parental and visitation rights. The child support debt and the visitation rights are two separate issues.

If there’s a judgement that states...
Read more »

View More Answers

2 Answers | Asked in Child Custody and Divorce for Puerto Rico on
Q: Does a person filing divorce have to go to family court in Puerto Rico to determine custody of children?

A friend of mine lived in Puerto Rico until 6 months ago. He moved to Puerto Rico from Florida when his wife moved to Puerto Rico with kids to stay close to kids and be involved in their lives. Even while separated he provides $1000/ month to support the kids. He's been separated from wife for 4... Read more »

Jose Rivera
Jose Rivera answered on Jul 8, 2019

Yes, the divorce process will be filed and handled in Family Court in Puerto Rico. The family court will also oversee every process that has to do with the parental rights and visitation rights as well as the child custody and the child support matters. It is public policy of the upmost importance... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.