Asked in Family Law and Child Custody for Puerto Rico

Q: Is it possible to move to New York from Puerto Rico without the father's permission?

We are not married and he left us when she was 2 1/2 months to Texas then to Florida. He came back in November 2019. He now lives in PR but has rarely visited us. My daughter is now 1 year and a few months old. He has really made much efforts on helping us. My mother and grandmother has been helping me. He is now getting his stuff together. But I got a chance to give my daughter and me a better future by moving to NY. Can he possibly try and force me back to PR or take custody from me? He's on the birth certificate and I believe we have joint custody at the moment. We were both 18 when we had our daughter. We're both 19 turning 20 now.

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

A: Hello and thank you for using Justia. You will need the Father's consent to travel with the child to New York. If the Father does not give consent then you will need to request Court Authority for travel and transfer of the Child to New York.

Your case presents a special complication. Both parents are still underaged minors since they have not reached the age of twenty one. You need to be emancipated under law. Then you need to create a plan of action. This included place to live, employment, public services, Child caré etc. Your plan must take into consideratión the Father's visitation rights.

You will be in need of an Attorney to emancipated you and present the request to the Courts for authorization to travel with the Child to New York.

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

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

A: Greetings:

By not having a court sentence that with grant your physical custody of your child, you will have to request a court hearing that will evaluate the situation and inquire the father about his consent on his child leaving the jurisdiction.

After evaluating and listening the tow parties. The court will determine whether it will grant you or not the authority to travel to live in New York with the child.

You can either do this and or try to get legal custody of your child. I both circumstances you will have to provide a sound and solid plan on how your intent to provide for the welfare of your child by demonstrating that the facilities and the conditions are better for him/her, and in fact, will improve substantially his/her way of living. (ie. schools; daycare facilities; hospitals, playgrounds; malls; public facilities and all sorts of public programs of help he/she can benefit from).

The court will observe and respect any paternal and visitation rights and will establish it accordingly to what’s agreed in the hearing after listening to both parents.

I would strongly recommend not to emancipate your child because this will have the legal effect of, he/she is becoming an adult and will or may cut the financial (ie. Child support, providing fot medical insurance etc.) and moral responsibilities of the father and ties between them.

You will need the services of an attorney for any of these procedures.

If you need additional information, please feel free to contact us directly. We will be glad to be at your service.

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