Q: My sister passed away in Puerto Rico. I want to assume custody of my youngest nephew. His Dad has is not part of his lif
How can I get custody and how long does it take? My wife and I can take great care of him but we need to get back to FL in aprox 10 days.
A:
Good afternoon. As a general rule, Puerto Rico courts procure that guardians of orphaned minors reside within the jurisdiction of the Commonwealth of Puerto Rico; unless no other alternative guardians are available to care for the minor. A custody case requires that close kin be present at the trial, to present their agreement or objections regarding the candidate guardian(s). The petitioner must provide full disclosure of personal finances, evidence that neither alimony nor child support is owed, as well as certification from the resident police department to demonstrate the absence of a criminal record; among other documents. A district attorney will be present to watch out for the minor’s interest.
Although you’ve stated that the biological father is not present in the child’s life, the courts will require him to be served and present at the hearings.
Taking the child outside Puerto Rico is not impossible; but the court must be convinced that this alternative is in the minor’s bet interest.
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