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Questions Answered by Jose M. Rivera Santos
2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: Mother of my two daughters left to Las Vegas without my permission. How do I enforce bringing them back to PR?

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

Greetings:

You can file through your legal representation the course of action to regain and keep the legal custody of your kids, reinforce through the proper channels and agencies to proceed on securing the well being of your kids.

The first step should be to reinforce the court...
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1 Answer | Asked in Estate Planning and Civil Rights for Puerto Rico on
Q: My father was married to my mother at the time of her death. She had three prior children before married my dad from

Previous marriage. Together the only had one child which is me. My father is try to sell the house in Puerto Rico my mother didn’t not leave a will. Can her other kids receive money from the sell or no

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Mar 17, 2020

Greetings:

In a simple explanation. When your mother passed away half of the estate passes to you father and the other half is divided between you and your relatives. In a more technical one, the estate gets divided in half first as we first explained and then it will get evaluated an...
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1 Answer | Asked in Child Support for Puerto Rico on
Q: I’m on vacation in Puerto Rico and my son’s father owes me child support in New Jersey. I have the order, where

Can I go file for child support in Puerto Rico with the order from New Jersey?

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Mar 8, 2020

Greetings;

The jurisdiction belongs to exclusively New Jersey, but If the father lives in Puerto Rico you can enforce the order through the interstate child enforcement services agency. They have liaisons with the local child enforcement services agency and will assist you on your case....
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1 Answer | Asked in Family Law and Civil Rights for Puerto Rico on
Q: Hi if child is of age and no longer in mother home in puerto rico mother refuse to give birth certificate and social

Can mother get introuble by law for holding them and not giving them up

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Mar 5, 2020

Greetings:

As a parent you can request documents and credentials of your dependents. If they're of legal age they can request the documents themselves. If the mother prevents you from exercising your parental rights, you can file in court to validate those rights and have visitation...
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2 Answers | Asked in Child Custody for Puerto Rico on
Q: How can we fight to not pay past dues on Child Support when the non-custodial parent was deployed overseas?

NCP deployed overseas, ex wife filed for child support in PR saying he wasn’t paying any money. He has proof that he was sending money to his youngest son, the other two he wasn’t sending money because prior to a case being opened in PR they had child support agreements in Philadelphia. The... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Mar 4, 2020

Greetings;

You will have to request a review of the case and hearings to present the evidence that can prove that there were child support cases in other jurisdictions, present copy of the deployment orders and that one of the dependents was living with dad a long with any other evidence...
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2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: Does ASUME in PR deviate from guidelines when noncustodial parent has other biological children or other CS obligations?

I read that many states do deviate from guidelines when NCP has other children to care for or other support orders (for children not on case). Does ASUME deviate or consider the other children as an expense or credit?

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Feb 24, 2020

Greetings;

Yes the court deviates from those guidelines when taking in consideration other child support obligations and kids under the non custodial parents care, among other factors that will give credit and establish a more just child support payment so every dependent doesn't get...
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2 Answers | Asked in Criminal Law for Puerto Rico on
Q: How do I obtain an expungement record for a criminal case in San Juan, Puerto Rico?
Jose M. Rivera Santos
Jose M. Rivera Santos answered on Feb 5, 2020

Greetings;

If you want to obtain an expungement record from a criminal case the first thing you must do is to hire an attorney. Whether we’re a felony or a misdemeanor that you want to expunge from your criminal record after finishing serving time because of a court a sentence. It...
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2 Answers | Asked in Child Support for Puerto Rico on
Q: what are the provisions re ending child support if 18yo child is involuntarily hospitalized for drug abuse in PR?
Jose M. Rivera Santos
Jose M. Rivera Santos answered on Feb 5, 2020

Greetings:

There are no provisions to end the payment of child support because of involuntary hospitalization for drug abuse. The treatment may even cause an adjustment on the monthly child support payment, depending on is cost and other factors essential to the dependents care. The court...
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2 Answers | Asked in Divorce for Puerto Rico on
Q: Been divorced over 10 years in Puerto Rico.My ex never paid mortgage. Can he claim half of my home now?

Been divorced over 10 years in Puerto Rico.Granted divorce for and abandonment of marriage

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

Greetings:

First and foremost, the result and evaluation will depend on whether you married under a legal partnership or you married with a prenuptial agreement. When you divorce this partnership is not dissolved automatically. It has to be file in a separate civil action because the court...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: My brother pays for child support In Puerto Rico his ex wife does not allow visitation to see his daughters .
Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jan 30, 2020

Greetings and thank you for requesting our assistance through this platform. Your brother has parental and visitation rights that can be ratified through a court of law by filling a motion to request a hearing so he can have his parental and visitation rights. The Court will oversee that this is... Read more »

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2 Answers | Asked in Estate Planning and Probate for Puerto Rico on
Q: My father passed away in PR I am his only surviving son. How can I transfer everything to my name as well as his paymen

My father still owes money to the bank in regards to four more payment but it is under my uncles name. The property had belonged to my deceased grandmother who currently has been set for my dad and uncles. My dad built a house on the property and I will like to know what to do to transfer it to me.

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

Greetings:

Before you try to establish or create an Estate through your legal representative by filing the correspondent civil action thought a court of law in the jurisdiction where the assets and properties are located, you have to identify the specific documents that will establish...
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2 Answers | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Puerto Rico on
Q: my father has built a house for me to eventually inherit in PR. problem is my mother says her name is in the paperwork

for the land (not house itself) she did not put any monies into purchasing the land or construction. I have never seen any paperwork and want to find out how I can get all the information regarding the house. Does she have any rights over me for the house?. She does not allow me to do any repairs... Read more »

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

Greetings:

The answer to your question depends on a variety of factors that will affect the outcome on whether your mother has or doesn't have a proprietary interest on that land.

First of all, you have to verify whether they were legally married or not.

If they were...
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2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: Child support warrant see more information

My husband is getting child support taken out from his Check every week he was not aware of the order from Puerto Rico as the child or month we are no longer in Puerto Rico and he has been paying support directly to her. Now she has not been getting the money taken out, from asume in Puerto Rico as... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Dec 30, 2019

Greetings

Your husband will have to have proof of every payment sent to the mother of the dependent directly to the ASUME agency with the proper motion that will explain and give the proper foundation needed for this agency to accredit the direct payment to the balance of the debt and...
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Puerto Rico on
Q: Can a single mother living in TX move to Puerto rico if child has dads last name but no court order custody?

Can a single mother be acussed of kidnaping her own child if theres no court custody order in texas and wants to get away moving to Puerto rico without permission due to emotional abuse from father Constantly being threatned with taking child from her, and constantly recording her to create a case.... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Dec 22, 2019

If there's no custody order at the moment and given some extraordinary situations, emotional abuse being one of those, you can travel to Puerto Rico with your kid and file for custody after 6 moths of living in here or request an emergency hearing where you can prove with legal assistance your... Read more »

3 Answers | Asked in Probate and Estate Planning for Puerto Rico on
Q: My mother passed away 1 year ago and has property in Puerto Rico. I live in the US . What steps do I need for inheritan

My father still lives in puerto rico. I have a brother out there that can not trust. I cant go to Puerto rico but need to transfer the land to my name. Can I do it from the us? I dont have anyone I can trust

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Dec 22, 2019

Yes, you can do it from the USA. But is highly recommendable that you have an attorney based in Puerto Rico to handle this because it's part of an estate and you have other parties of interest that will inquire about it and maybe promote a civil action for an inheritance partition if needed... Read more »

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1 Answer | Asked in Landlord - Tenant on
Q: Is it legal to rent by the week? My landlord comes and goes with no warning, and is harassing about rent every week

He blows up my phone, and the other weekly room renters, like clock work the day rent is due. Hes tracked me down through social media and I'm not even late at that point. He shows up with no notice whenever he wants. Hes been in my room when I've been gone. Something isnt right here... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Dec 3, 2019

Do you have a rent contract that specifies the terms of the agreement? The parties have to abide by everything that's stipulated and specified on that contract or rent agreement.

2 Answers | Asked in Child Support for Puerto Rico on
Q: i live in Puerto Rico and owe child support in michigan will michigan have me extradited from Puerto Rico ?

if it's a felony child support warrant

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Dec 3, 2019

A court may and can order a warrant for you arrest because of an outstanding child support debt. This warrant can be executed in any of the 50 states or US territories. There are internet services and search engines where you can check if there's a warrant for your arrest in the state of... Read more »

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2 Answers | Asked in Civil Litigation, Contracts, Estate Planning and Family Law for Puerto Rico on
Q: Uncle is trustee of family land. Dad passed, trustee didnt pass to his children. How can I get added to my family trust?

Uncle is real estate agent and has created a trust to place all siblings portions of the land into. However as my father has passed no action was taken by the trustee to include his children. He was not married and died in Puerto Rico. I sense my inheritence is being robbed by my dads siblings.

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Nov 30, 2019

If you're member of a trust where your uncle included everyone of your siblings, including yourself, chances are that this was perpetuated by a procedure in a Court of law. Feel free to give us a call and contact our offices.

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2 Answers | Asked in Family Law for Puerto Rico on
Q: My Daughter in law is 18,her mother wants to see her but she refuses to see her,can a judge obligate her to see her mom?

Her mom took my son to court saying he won't let her visit but this isn't true,only not at our home because she is a problem person

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Dec 3, 2019

It all depends on whether she’s legally married, in which case she would be legally emancipated, or is she’s not, her mother has parental rights and custody over the minor and she could request a court order to enforce her parental rights, her to custody and/or visitation, depending on the... Read more »

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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 M. Rivera Santos
Jose M. Rivera Santos 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 »

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