Jersey City, NJ asked in Child Custody, Child Support and Family Law for Puerto Rico

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.

2 Lawyer Answers
Jose Rivera
Jose Rivera
Answered
  • Divorce Lawyer
  • Ponce, PR
  • Licensed in Puerto Rico

A: 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 married, she is considered a minor until reaching legal age on this jurisdiction, which is 21 years of age. Given the possible scenarios of child custody and child support case that might be and all other legal responsibilities that may arise from this situation, it would be best for you to hire an attorney.

1 user found this answer helpful

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

A: Hello and thank you for using JUSTIA. Since your daughter is a resident of Pennsylvania she became an adult at the age of eighteen thus you are no longer her legal gaurdians and she can legally leave the home without any parental consent. However, after her becoming a legal resident in Puerto Rico (180 consecutive days residing in Puerto Rico) she is considered under age at which time you can obligate her to return to the parental home. Of course when she becomes a resident again she Will become an adult once again. Your best bet is to hire an Attorney in Puerto Rico and petition the Court for full custody and that the Court's of Puerto Rico retain jurisdiction over said daughter until the age of twenty one. This will obligate your daughter to remain under your guardianship until the age of majority under Puerto Rico law (21 years old).

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