Kansas City, MO asked in Child Custody, Child Support and Family Law for Puerto Rico

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 son. His mother even keep him home that week from school. Then she went to the courthouse and opened a case with our now open pending case. She told a few lies and they let her keep him. The things you said can not be disproven by my court order. They are trying to make me attend court in PR for child support. I have not see a picture or talked to my son for over 3 months now. She still has not mentioned custody or visitation which is why i even filed. I even done my custody battle she has only requested child support and alimony.

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 applicable law in this matter is the Uniforme Interstate Family Support Act (UIFSA) which basically establishes that the first state which issues a Judicial determination of custody shall retain the jurisdiction over said matter. Thus if Virginia had legal jurisdiction over the matter the custody of your child cannot be litigated in Puerto Rico Courts. However you must show and prove to the Puerto Rico Courts that Virginia has jurisdiction over the custody matter as per the UIFSA act. This is done by filing a petition in the Puerto Rico Court in response to the biológical Mother's petition for custody and child support payments. You Will need to respond to the Courts of Puerto Rico in order to show and prove Virginia's jurisdiction over the matter. The legal cost will be about $ 3,000.00.

If you need additional information feel free to contact me directly.

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq.
Answered
  • Divorce Lawyer
  • Ponce, PR
  • Licensed in Puerto Rico

A: 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 she filed the case, through the legal representation of your choosing and regain the custody of your son. We've successfully have achieved regaining custody through the proper procedures.

If you have any other questions, feel free to contact us directly.

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