Auburndale, FL asked in Family Law, Child Custody and Child Support for Puerto Rico

Q: If I have a court ordered visitation with my son he lives in New York state and I'm in Puerto Rico can my ex deny me

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA

A: In general, if you have a court-ordered visitation schedule, your ex-partner is obligated to follow that order, even if you live in Puerto Rico and your son lives in New York. However, there are a few important considerations:

1. Jurisdiction: Ensure that the court order is valid and enforceable in both Puerto Rico and New York. If the order was issued in Puerto Rico, you may need to have it registered or recognized by the New York courts.

2. Reason for denial: If your ex-partner is denying visitation, they must have a valid reason, such as concerns for the child's safety or well-being. If the denial is not justified, you can take legal action to enforce the court order.

3. Communication: Try to communicate with your ex-partner to understand their reasons for denying visitation and see if you can resolve the issue amicably.

4. Modification of the order: If circumstances have changed significantly since the original court order was issued, either party may petition the court to modify the visitation schedule.

5. Legal assistance: If your ex-partner continues to deny your court-ordered visitation rights without a valid reason, consult with a family law attorney who can help you enforce the order and protect your rights.

Remember, the court's primary concern is the best interests of the child. If you believe your ex-partner is unreasonably denying your visitation rights, you should document any instances of denied visitation and seek legal guidance to resolve the matter.

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