Q: If I live in NY and my daughter lives with her dad in PR, how can I go about getting visitation and custody?
She’s lives with him for almost 10yrs, she’s turning 12. She lived originally with me here in NY when she was a baby but due to certain circumstances it led to me speaking help in PR from my mother and due to a hurricane my daughters dad asked to keep our daughter so that she wasn’t staying in a shelter. When I went to PR 2 months later he told me I couldn’t take her. I went to the police station and they told me that she couldn’t be removed because we both have “equal rights” even though she was living with me in NY for a year already. That I’d have to stay in PR and file at the courthouse but I had to return to NY because of my job. Years later, her dad does whatever he can to keep me from having contact with her. I have other kids now and I’d live for them to see and know my first born. How do I go about this situation what paperwork needs to be filed since I live here and they live in PR?
A: Since the child lives in PR for the last 10 years, you would have to file for custody and visitation in PR. You may be able to appear by phone if the court allows it after filing the papers. You should speak with a Family Law attorney in PR.
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