Asked in Family Law for Puerto Rico

Q: Is "execuatur" needed if I got sole custody & physical placement of my kids through the RI family court stipulation; PR?

I live in PR; my wife lived in RI with my two kids but got arrested for 3 felony charges. I went to family court and she agreed to give me sole custody and physical placement, plus I asked for a 2 year restraining order against her on behalf of the kids. Thing is the stipulation document with the signatures of plaintiff, defendant, judge, clerk etc. here in PR apparently is not valid and that document is the only legal representation that indicates that I in fact have sole custody and physical placement. I asked at a local court about the validity of this legal document and a judge told me to do an "execuatur".

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1 Lawyer Answer
Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers
Answered
  • Licensed in Puerto Rico

A: If the document is not a private document, but a court order, it is necessary the execuator procedure to validate that court order in PR. That process is in the Civil Procedure Rules. In most, if not in all jurisdictions, is such a procedure for the validation of court rulings, orders, etc., from other jurisdictions. It is not a "strange" procedure.

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