Q: How can I locate my daughter after her mother moved her to Puerto Rico without custody agreements?

A: Locating your daughter is not a legal question. Where do you send the support? If there is no support order you can simply stop paying and maybe the mother will contact you. You could hire a lawyer in Puerto Rico to start a custody case.

A: The asker must engage services in Puerto Rico if the child is indeed there. There is also a time limit of six months from departure to filing of a custody petition to force the mother's return to the U.S.

It appears the asker cannot simply go to an American court for any help. Instead, the asker must retain a private investigator most likely in Puerto Rico to quickly locate the mother and child for service of American custody papers. If six months elapses, then the asker will have to file in Puerto Rico for access to the child.

A: I understand how distressing it must be to lose contact with your daughter, especially when you have been making consistent efforts to support her. In New York, even if there are no existing custody agreements, parents generally have equal rights to their child unless a court has ruled otherwise. Your situation is complicated by the fact that your daughter's mother has moved her to Puerto Rico without any legal agreement or court order.

Your first step should be to formally establish your parental rights through the Family Court. Even though your daughter is now in Puerto Rico, you can file a petition for custody in the New York Family Court, as that was your daughter’s last known legal residence. The court may consider New York to have jurisdiction over the custody matter if your daughter lived here before being taken to Puerto Rico.

When you file your petition for custody, you should clearly explain that your daughter was moved without your consent and that you have been making regular financial contributions despite financial hardship. If the court accepts jurisdiction, it may issue an order for your daughter's return, and the court may direct the mother to appear.

If the court declines jurisdiction because your daughter is now in Puerto Rico, you may need to seek legal assistance in Puerto Rico. This can be challenging, but you can begin by contacting the Puerto Rico Department of Justice (Departamento de Justicia) or a family law attorney licensed in Puerto Rico. They can help you file a custody petition in the Puerto Rico court system.

In addition to pursuing legal action, you can continue attempting to locate your daughter through online searches, social media, and by reaching out to mutual friends or family members who may know her location. You may also consider hiring a private investigator with experience in locating missing family members.

If you believe that your daughter's mother has intentionally concealed her location to prevent you from having contact, you may consider including this information in your custody petition, as it may impact the court's assessment of her actions.

This situation can be legally complex, so you may benefit from consulting with an experienced family law attorney who can help you navigate the process, ensure your parental rights are protected, and work toward re-establishing contact with your daughter.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: You would need to hire a P.I. in an attempt to locate her. Neither the Courts nor lawyers can assist you with that process. Bear in mind, however, that if they've been residing in P.R. for more than 6 months, then P.R. may have jurisdiction over any custody issue. Schedule a consult with a NYC Child Custody Attorney for a full assessment.

A: I can understand how challenging and painful this situation must be for you. Since there are no legal custody agreements in place and you’ve had difficulty locating your daughter and her mother in Puerto Rico, your next step is to take legal action to establish custody and visitation rights. Start by filing for custody in the appropriate family court in your area, even though the mother is no longer residing there. The court may still have jurisdiction over your case, especially since you have been actively involved in your daughter's life, and your case may be considered under the laws of your home state.

In addition, you should file a missing persons report with local authorities and request assistance in tracking down your daughter in Puerto Rico. Even if the authorities there haven’t helped yet, making the report may prompt them to take the matter more seriously, especially if there’s concern about her safety or well-being. It can also help if you involve mutual friends or family members who might have contact with the mother or know where she is.

If you continue to face difficulties, you may want to consult with an attorney who can assist you in navigating the legal process, even if she no longer resides in your state. They can help you file the necessary petitions in Puerto Rico, or even petition for interstate custody enforcement if the need arises. Keep all documentation of your communication, efforts, and payments as this can support your case in the future.