Charlotte, NC asked in Child Custody, Child Support and Family Law for Puerto Rico

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 moved to Florida to find better work to provide for children. After a 4 year separation, he wants to file divorce to move on in life in another relationship. But the ex wife wants to obligate him to pay $1700/ month, plus her rent, other non essential things under the pretense of it being for the kids. Does this sound right? What are his rights? What are child support laws in Puerto Rico? Can she restrict his time with kids because she wants more child support? Also, children are 10 and 12, do they get a voice as to where they wish to live in order to go to school, especially being that mom took them without father's permission to P.R., and took them away from their stable home in Florida?

2 Lawyer Answers
Nelson Jose Francisco Alvarez-Aponte
  • Divorce Lawyer
  • Carolina, PR
  • Licensed in Puerto Rico

A: Hello and thank you for using JUSTIA. That amount requested by your wife for child support sounds very extravagant. The child support laws are very clear cita. It tales both parties monthly income and then refers to a chart that sets a number for child support based on the percentage that each party is responsable to pay.Both children have a Say in the matter and thier wishes as to custody will be heard. The child relationship has no bearing on child support payments . Thus no the mother cannot limit the father's relationship with the children based on child support issues. You need to hire an Attorney for both issues that you have asked. If you need additional information feel free to contact me.

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
  • Divorce Lawyer
  • Ponce, PR
  • Licensed in Puerto Rico

A: 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 towards the children. The father is entitled to visitation rights and if the kids are old enough to have a say in court to ask to go live with him, the court will evaluate this possibility always talking in consideration the well being of the children and where is the best option to ensure the best lifestyle as for school and other factors that will improve the quality of life for the children. As I wrote, they will have a say if they wish to live in Florida and if they're quality of life, education requirements, health care facilities, recreation facilities and other criteria improve their way of life. Yes, there are child support laws in Puerto Rico and you can file in court to guarantee your parental visitation rights and there maybe a possibility that the court determines some sort of custody option if it's the best for the kids.

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