Upper Marlboro, MD asked in Family Law and Child Custody for Puerto Rico

Q: If an 18 year old born in PR and moved to FL wants to move with Dad to PR, which still minor in PR, can he do it?

Dad agreed signed for her son to move with Mom to FL, but he turned 18 and wants to move back to PR. He is a young adult with Asperger (fully functional). Would it be better for the lawyer to be hired in FL or PR to fight the custody? Will he still considered a minor in PR until the age of 21 and the mom can fight the custody? Help!

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

A: Hello and thank you for using JUSTIA. The jurisdiction over the custody matter belongs to Puerto Rico since the original custody case was filed in Puerto Rico when the Father authorized the Mother to have custody as per the Uniform Interstate Family Support Act (UIFSA). This would render your son a minor under local laws but of legal age in Florida. In Florida your son is of legal age thus there is no custody matter to be filed. The custody matter would be litigated in Puerto Rico if the Father files. There is no need for the Mother to file at this time since she has the legal custody according to Puerto Rico. For the Father to request custody of the child he must file a petition in the Court of Puerto Rico. The Florida Judicial system does not have jurisdiction over the child since he is not a minor under Florida Laws nor under the UIFSA rule of law.

Jose M. Rivera Santos agrees with this answer

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

A: Greetings; The original jurisdiction of the matter belongs to Puerto Rico, since the case that originated that agreement was filed here. Unless that was a private agreement between you and the father that took place out of the courts. If the father files for custody, the case will he here in Puerto Rico and you will have to hire legal representation here. If your son lived with you all this time, he became an adult there, but his father might file for custody and child support here if he claims he's still a minor. Any allegations, whether true or not, will have to be proven in the Puerto Rico courts. In Puerto Rico he's considered a minor until he turns 21 years old. Yes you can battle for custody here or dismiss the case when the case is tried and proven in court. If you need any assistant, please contact our firm and we will be glad to be at your service.

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