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Questions Answered by Jose M. Rivera Santos
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...
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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
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...
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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
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...
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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
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.

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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
Jose M. Rivera Santos 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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1 Answer | Asked in Divorce for Puerto Rico on
Q: My mother gifted me a house to pass down to my children it was a gift from her my husband's name is not on the deed

My mother paid for the house so that I could pass it down from generation to generation my husband has never had a job and his name is not on the deed. He knew this when we bought the house he was in the meeting and did not object to having his name not put on the deed. Once again hes never paid a... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos 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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2 Answers | Asked in Estate Planning, Elder Law and Probate for Puerto Rico on
Q: What is the caregiver law that states the person who solely cared for family has a right to compensation from family?

Cared for grandparents for more than 10 years. Was the only one bc grandparents only son (my father) was deceased. My sister and I are the only “family” left. She never involved herself in helping or supporting in their care. I cared for them full time then I had to move in to care 24/7 till... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Aug 16, 2020

Greetings:

The concept and guidelines that gather the compensation of a care giver or a legal guardian or tutor are in the Puerto Rico Civil Code and some special laws for the elderly and family law specifics.

The compensation that this person can request or is entitled because of...
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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Puerto Rico on
Q: My daughter & son in law are drug addicts and alcoholics and are neglectful of their two children. CPS & 911 reports

on file in PR. Can grandparents get temporary custody while court requires rehabilitation?

We live in Wa state! Our home was the children’s home away from home before they moved from here to PR! Son in law is abusive to our daughter and has complete control over her! What can be done to... Read more »

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

Greetings:

Given proof that the children are exposed to child neglect and dangerous or high risk situations, the children grandparents can file a complaint to the Family Department and child protection and enforcement division simultaneously followed by petition for custody of theses...
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1 Answer | Asked in Child Support for Puerto Rico on
Q: I am 21 and still going to college but my parent stopped sending child support. Is this legal?
Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jul 25, 2020

Greetings:

It will depend on many factors and whether you stopped studying temporarily. If you never left school and have both academic aptitude and attitude under the court standards test, then his ceasing of paying child support and exercising his responsibilities might be illegal....
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1 Answer | Asked in Child Custody for Puerto Rico on
Q: Is there a legal age that a child can decide where they would like to live.

My daughter has express multiple times wanting to live with me. What can I do?

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jul 21, 2020

Greetings:

It may depend on many factors, but you can certainly retain the services of an attorney and file for legal custody and all the cases related to the matter.

The court will evaluate and order a social study, as well as an evaluation to oversee if such changes will result on...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: If I want to leave PR with my 16yr old daughter away from my husband. will that be considered kidnapping?

I want to leave with my daughter from my bad husband who hasn't been treating us good at all. Should I wait until she is 18 in 2 years or am I able to book a flight to New York and leave now. I just don't want to get into any trouble.

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jun 20, 2020

Greetings:

Leaving the jurisdiction with your kid without the other parents consent can open the possibility of him filing a complaint against you and a possible criminal process. Considering that you are married, are having incidents with you husband and have a minor, there are several...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: Family law

If I reside in Puerto Rico and my child is born there, Can I move to another state with my child freely if me and the father were never married?

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jun 15, 2020

Greetings:

It is highly recommendable for you to request a hearing that will hear your reasons to move from this jurisdiction to another and for the court to evaluate the best options for both parents and the kid in that given situation. Specially when visitation rights and parental rights...
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2 Answers | Asked in Family Law for Puerto Rico on
Q: Leaving Puerto Rico.

If I have a child in Georgia and then move to Puerto Rico to live with the father , am I able to move back to Georgia without any consent from father.

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jun 20, 2020

Greetings:

It is highly recommendable for you to request a hearing so the court can evaluate whether it will grant such authorization. The court will evaluate your reasons to move from this jurisdiction to another and will evaluate the best options for both parents and the kid in that given...
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2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: My daughter is going to college. Do I have to pay until she finishes college?

Does she have to show proof that she is going to college?

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jun 15, 2020

Greetings:

She will have to show through her grades that she has the academical aptitude and attitude to achieve a degree and that she need your assistance to achieve those goals. She will have to provide the proper evidence to the court. You will have to pay until she reaches the age of 25...
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2 Answers | Asked in Child Support for Puerto Rico on
Q: What lawyer will take my case being that its ASUME in Puerto Rico? I might have to go the island and try?

Asume in Puerto Rico is very difficult to make contact with.. Things such as kids mom getting married son dropping out daughter is now pregnant and graduating high school has never been reported by custodial parent. I have the documents to most of the things but still have not recieved a word... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jun 3, 2020

Greetings:

ASUME is an agency that is hard to make contact with over the phone even for us attorneys. You can still file electronically, but given your case, there are several technical issues that you have to address to this agency in regards to your child support payments and the...
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2 Answers | Asked in Child Support for Puerto Rico on
Q: Can by balance of 35k be reduced or 0 out in Puerto Rico?

My son had dropped out of high school at 16 then decided to go to job corps. Graduated at 17 was working for some people on the island then move to FL. Just turning 18yo. Lived with me and i found him employment were i am currently. He was with me for about a year before he moved out and back with... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jun 3, 2020

Greetings

You have to request to have your child support case reviewed so you can provide proof that you have been providing for your son and that he has been living with you all that time through your legal representation. The court will examine the evidence and listen to the parties...
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2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: Is it possible to move to New York from Puerto Rico without the father's permission?

We are not married and he left us when she was 2 1/2 months to Texas then to Florida. He came back in November 2019. He now lives in PR but has rarely visited us. My daughter is now 1 year and a few months old. He has really made much efforts on helping us. My mother and grandmother has been... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos answered on May 29, 2020

Greetings:

By not having a court sentence that with grant your physical custody of your child, you will have to request a court hearing that will evaluate the situation and inquire the father about his consent on his child leaving the jurisdiction.

After evaluating and listening...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: Why Asume in PR has never sent the child support money to the child's mother?

Asume in PR has been garnishing child support from paycheck, but the mother of the child has never received the money; it's been months. I received a letter from IRS that the stimulus check was sent to Asume, my current wife and little son ended up with nothing, still the mother of my other... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos answered on May 16, 2020

Greetings:

You with have to hire a legal representative and file a motion to request a court order for them to comply with their obligation.

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

1 Answer | Asked in Child Support for Puerto Rico on
Q: Puerto Rico Child Support. What can I do if the federal government collected arrears past the Statute of Limitations dat

My son is 27 years old, more than 5 years past his age of majority, hence past the Statute of Limitations in Puerto Rico. But the federal government collected some past arrears from my tax refund. What can I do to get my money back and stop future garnishment?

Jose M. Rivera Santos
Jose M. Rivera Santos answered on May 16, 2020

Greetings:

If you have a child support outstanding debt they can collect through any means. Your best bet would be to establish a payment plan or pay in full the debt if you can. Through your legal representation.

If you have any other questions feel free to contact us directly and...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: Dad passed away in Puerto Rico. By law can I get some of his ashes? I am his adult daughter that lives in Florida.

My grandmother, his mom, passed away one month before him and the family would like to inter the ashes in the same mausoleum in Colombia. His common-law wife refuses to interact with his daughters. Legally can something be done to get some of his ashes?

Jose M. Rivera Santos
Jose M. Rivera Santos answered on May 11, 2020

Greetings;

Our condolences to you and your family. You have to know the whereabouts of your dad and know what happened afterwards. Then you will have to get a release form the agency and a court order to be able to request the procedure to be made in order to transport the ashes with you....
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