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Puerto Rico Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
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
James L. Arrasmith
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answered on Apr 15, 2024

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...
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1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
Q: Do the parents have to legally help financially with my grandchildren if I have custody?

I have a 12 year old grandson for the past 7 years and a three year old since a month of birth,father is the only one contributing financially,moms both work and don't help with anything

Jose M. Rivera Santos
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answered on Feb 17, 2024

Greetings:

Parents can financially support their children and provide for them and their wellbeing.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Puerto Rico on
Q: Is the law different in Puerto Rico on leaving a 16 yr child home alone after school while I’m at work

He is a mature teenager

James L. Arrasmith
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answered on Feb 1, 2024

The laws regarding leaving a 16-year-old child home alone after school can vary by jurisdiction, and Puerto Rico may have its own specific regulations or guidelines. It's important to check with local authorities or consult an attorney in Puerto Rico who is knowledgeable about family and child... View More

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: can a grown up ward of a guardian leave said guardian?

Ive been living in Puerto Rico with my grandmother for the last 5 years, when i came down to pr my parents were in a bad spot and could not properly take care of me, i told her everything and she put me under a guardianship with her, the last time i was informed on what was going on with the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 21, 2023

A person comes of age in Puerto Rico at 21. What your grandmother has told you is not correct nor is it legal. If you're already 21 years of age or older, you are legally capable of making your own decisions and leaving, if you wish to do so.

If you're studying in college, you do...
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1 Answer | Asked in Child Custody for Puerto Rico on
Q: Can I work as a 19-year-old son who is receiving child support in Puerto Rico? If so, how many hours?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 15, 2023

Puerto Rico labor laws allow for minors to work, so long as it's no more than 20 hours per week. Beyond that, the minor's legal guardian or parent must submit a request for authorization with the Puerto Rico Labor Department.

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: Can my ex-spouse re-request child support in PR after my child turns 18 - IF our custody order was created in a US state

We had a child custody order, and I maintain jursidiction in my state. She moved to PR with child. Based on my state, child support will end at 18. After it's completed, can she in turn file for child support in PR upon my child turning 18 as a new child support case?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 29, 2023

First off, she must reside in Puerto Rico with your child for a year, in order to demostrate residence. Once Puerto Rico is the state of residence, adulthood is achieved upon reaching 21. So long as you pay child support, you can present the case to the court or to ASUME (the Administration for... View More

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: How do I get guardianship of a minor in Puerto Rico, my sister wants me to keep her son for a year or more.

I live in the states

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 10, 2023

For a short term guardianship, a sworn testimony from your sister and your nephew's father would be sufficient, stating the date on which the minor would leave Puerto Rico, the date on which your nephew would return to his mom, the address where your nephew would physically reside in your... View More

1 Answer | Asked in Child Custody and Family Law for Puerto Rico on
Q: I want to leave my home but I'm 18 can I leave and just leave hay note sing by me and saying why I'm leaving?

I want to leave but what happens if she takes my note and takes it to hay judge

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Dec 20, 2022

Although in other states, an 18-year old is considered an adult, for the purposes of the Commonwealth of Puerto Rico, the Rule of Law says that a person is an adult at 21 years of age. However, an 18-year old may be emancipated (that is, legally brought to adulthood) either by the subscription of a... View More

1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
Q: How much longer do I have to pay child support in Puerto Rico if both boys are 20 and 18?

In Aguadilla, Puerto Rico, I have two boys who are 20 and 18 years old. Instead of using Assume, I have been paying child support through military allotment. My second oldest has been out of school for six months, and my eldest has been out for a year and a half. In Puerto Rico, their collegiate... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 28, 2022

In Puerto Rico, a minor reaches legal age when he or she reaches 21 years old. Nevertheless, Rule of Law states that a dependant child may be entitled to receive child support through 25, if said child is studying undergraduate or even graduate studies.

That being said, cessation of payment...
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1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Puerto Rico on
Q: In Puerto Rico, is it considered kidnapping if a married spouse refuses to return to the island with their child?

Address Loiza, PR. I am married & when traveling back to Florida, I chose to leave my husband, he new of the trip to visit my adult son & he purchased our tickets. Due to years of emotional abuse & an irreconcilable relationship. I have our 9yr old daughter with me, she is homeschooled... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 23, 2022

Under normal circumstances, the illegal deprivation of custody is considered a misdemeanor (Article 121 of the Puerto Rico Penal Code); and occurs when a parent is denied the custody of a child. However, it is considered a felony with a fixed jail term of eight (8) years when the minor is... View More

2 Answers | Asked in Child Custody for Puerto Rico on
Q: I am very soon getting joint custody of my son. I have an opportunity to get specialized training in the states

That will give me a lucrative occupation and more income. It will take a year or so. Can I keep joint custody and have him spend time there with me in the states while IIm getting my degree?Unfortunately will change the agreement on the days and time I keep him as we are proposing. Time is an... View More

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2022

Greetings:

You will have to notify the court of any changes and circumstances that may alter the agreements so it won't cause any conflict that may affect or reverse any progress on the custody agreements achieved in court.

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1 Answer | Asked in Child Custody for Puerto Rico on
Q: My child will be 21, FT student in Univ .Does he have to fill his own claim to keep receiving child support when 21?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 12, 2022

I'm not clear on what "FT" means. Nevertheless, once your child becomes of legal age at 21, he or she must assume responsibility for requiring what is no longer "child support", but rather support between relatives ("alimentos entre parientes"). Puerto Rico... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Q: I live in the states but have a child support case in Puerto Rico. I can never get in contact with anyone.

My balance is outrageous and based off incorrect information. I never got to see the child. Just looking for information on how to go about this situation.

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2022

Greetings

If your child support payment is based on false information you can always file for review and provide the proper information so the agency can correct the calculations.

1 Answer | Asked in Child Custody for Puerto Rico on
Q: I am married but my last two children are not my husband's. How can I end his parental rights.

How can I prove he is not the father and end his parental rights

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 1, 2021

The Puerto Rico Civil Code establishes a presumption that children begotten within a marriage are the offspring of both spouses. A simple paternity test can determine whether of not your husband is the biological father.

Ending your spouse's paternity rights, however, is another...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Puerto Rico on
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.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 22, 2021

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... View More

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: I have a court order video call visitation for my daughter(5yo) How can I modify it to physical visitations in Utuado
Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2021

Greetings:

You will have to file a modification of visitation rights and regime.

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: My younger sister was removed from my mothers home. I Only have 1 bedroom in my sm apt. I am employed will they give her

Does she need to have her own room? I have a pull out bed for her in my room.

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2021

Greetings

As her legal guardian the state can try to make sure that the minor has her own space and that she-he is provided with everything required for her/his well being taking in consideration the economic means and capability of the legal guardian to be able to take care of the minor.

1 Answer | Asked in Child Custody and Family Law for Puerto Rico on
Q: Can I relinquish provisional custody of my cousin?

I got provisional custody of my cousin that is 18 years old as of now. His father is dead and her mother is in the USA , he has a sister but its also in the USA.Also his mother was in a legal battle with his father for years ( she left the kid with his father when he was around 4 years old or 6... View More

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 12, 2021

Greetings:

You may have to address these issues directly to the court. Right now you have physical custody. Since it was temporary. You can request for other guardians to take custody and responsibility.

1 Answer | Asked in Divorce, Family Law and Child Custody for Puerto Rico on
Q: Como puedo salir de PR para irnos para los EU y este casada legalmente con el padre de mis hijos y el no quiere ?
Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2020

Saludos:

Se hace mediante una petición ante el tribunal mediante de un abogado y existen otros asuntos relacionados a atender.

Si tiene alguna otra duda, no dude en contactarnos directamente. Estamos para servirle.

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: I live in the US, my children live in PR. The dept social services has asked me to go meet with them.

They see reason to remove kids from mom. If I am awarded physical custody do I have to relocate to Puerto Rico or can I bring kids to US. We are now in court fighting for custody.

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2020

Greetings:

If you're fighting for legal custody this means you have a legal representative. It is not our place to intervene in your attorney/client relationship or give you any legal counsel that may give the appearance of improper intervention due to ethical rules.

if...
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