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Puerto Rico Child Custody Questions & Answers
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... Read 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... Read 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... Read 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... Read 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...
Read more »

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... Read 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... Read 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... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 24, 2022

I'm assuming that your endeavor to procure joint custody is through the Puerto Rico Courts. If so, I advise that you openly let the courts know of your plans to obtain specialized training in the states. I agree that it may impact your schedule for spending time with your child, in the short... Read more »

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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... Read 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... Read 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...
Read more »

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... Read 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... Read 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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2 Answers | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Puerto Rico on
Q: How long does my son's father have to be absent to be considered abandonment, and terminate his parental rights?

We are not married. His name is not on the birth certificate. I have proof he denied the baby, refused involvement, left &moved states during the pregnancy. I have proof that he refuses to tell me where he is. I offered him a DNA test which he also refuses. He has not offered any financial... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2020

Greetings:

You'll have to file a parental filiation or parentage case and all the case related to it. These type of case are very technical, so we advice you to hire legal representation.

If you have any other questions, feel free to contact us. We will be glad to be at your service.

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1 Answer | Asked in Child Custody for Puerto Rico on
Q: If both parents have 50% custody and one of the children wants to live with the father, what age can child say so
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Sep 28, 2020

Hello and thank you for using Justia. There is no specified age in law. The general standard is that at age 10 the Child has an opinión but the Court is not obligated. The key factor is the best resource for the child regardless of the age.

If you need additional information please feel...
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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Puerto Rico on
Q: My daughter & son in law are drug addicts and alcoholics and are neglectful of their two children. CPS & 911 reports

on file in PR. Can grandparents get temporary custody while court requires rehabilitation?

We live in Wa state! Our home was the children’s home away from home before they moved from here to PR! Son in law is abusive to our daughter and has complete control over her! What can be done to... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 2, 2020

Hello and thank you for using Justia. Yes the Grandparents can petitión for custody of the children if thier wellbeing is at risk. This is done by filing a petition in Family Court, notifying the Family Department, notifying the Child Protection Agency or directly with the Court.

Please...
Read more »

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1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: I’m 16, can I decide with whom I want to live?

Hi! I’m 16 and I would like to know if I could decide with whom I want to live. My parents were not married when they had me so my mother has custody of me but she is moving to Florida and I have expressed her that I don’t want to live there, I want to stay in Puerto Rico but they don’t... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 25, 2020

Hello and thank you for using Justia. You can have your Father petitión for your custody. At the Hearing of the Petitión you will be able to testify and you opinión will be heard. This will in most instances allow a Court to rule in your Father's favor and allow you to stay un Puerto Rico.... Read more »

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