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Puerto Rico Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: If my son was award custody to me in the States? Why did no one help me to get him?

I had my son and his lived in VA for over 9 month. He visit and his mother left to PR with him. VA had jurisdiction over my son when I file my paperwork. Court was a year late. I won custody of my in the states. I went to Puerto Rico to pick him up. And not one did anything to help me retrieve my... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 6, 2019

Hello and thank you for using JUSTIA. The applicable law in this matter is the Uniforme Interstate Family Support Act (UIFSA) which basically establishes that the first state which issues a Judicial determination of custody shall retain the jurisdiction over said matter. Thus if Virginia had legal... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Custody for Puerto Rico on
Q: As a 16 year old can I refuse to go to my dad’s house?

My parents have joint custody, I’m on week with my mom I’m Humacao, and another with my dad in Caguas. I’ve been trying to convince my mother to ask for full custody for over two years now but she always puts it off. At this point in desperate, can I just decide not to go to my dads house? My... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 2, 2019

Hello and thank you for using JUSTIA. No you cannot decide but your opinión does count. The Court will take your opinión into consideration but only if your Mother requests full custody.

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2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: If an 18 year old born in PR and moved to FL wants to move with Dad to PR, which still minor in PR, can he do it?

Dad agreed signed for her son to move with Mom to FL, but he turned 18 and wants to move back to PR. He is a young adult with Asperger (fully functional). Would it be better for the lawyer to be hired in FL or PR to fight the custody? Will he still considered a minor in PR until the age of 21 and... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 25, 2019

Hello and thank you for using JUSTIA. The jurisdiction over the custody matter belongs to Puerto Rico since the original custody case was filed in Puerto Rico when the Father authorized the Mother to have custody as per the Uniform Interstate Family Support Act (UIFSA). This would render your son a... Read more »

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2 Answers | Asked in Child Custody for Puerto Rico on
Q: My child has lived with me since she was 5 ms old & her father has been of unknown whereabouts since then do I still-

Do I still need custody papers even though he's been missing all this time, we were not married and his family claims to not know where he is?

Last address I'm aware of was in a prison in Pennsylvania and that's it. He hasn't paid child support in years and I can't locate his mother and... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 25, 2019

Hello and thank you for using JUSTIA. You will need to file a Petition for Custody and Patria Potestad in the Court of your residence. For this you will need to hire an Attorney and will need a certified copy of the childs birth certificate. If you need additional information, please feel free to... Read more »

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1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
Q: Who gets the money to provide for 18 and 19 year old?

My ex from PR send child support money for my kids to my mother, who has legal custody. My son lives in New Jersey is expected to live with me and my daughter lives with me

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 20, 2019

Hello and thank you for using JUSTIA. The child support payments are for the children thus said payments should be sent to the person whom has the physical custody of the children in other words where the children actually live. For this to happen, you will need to file a petition in the Court to... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: Is it legal for my daughter who is 18 to just move with her grandparents in Puerto Rico?

She was born in PR but has been living with her mother and brother in PA for the past six years. She was helped by her grandparents (mother's parents) without our knowledge or consent. What are our options if any? We do not agree with her moving to PR.

Jose Rivera
Jose Rivera answered on Aug 28, 2019

This is quite a complex situation. Depending on the state where she resides, when she turns 18, as an adult, she can make her own decisions and be held responsible for her own actions. But as soon as she resides in Puerto Rico, if there hasn't been and emancipation procedure or if she isn't... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: What rights do fathers have in custody cases?

A couple was married 2 years, and have 2 children. After multiple attempts at reconciliation due to her cheating, they separated. She took kids and moved to Puerto Rico from Florida without father's permission. Father moved for a 2 yr period to Puerto Rico to be close to kids. But now he has... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jul 20, 2019

Hello and thank you for using JUSTIA. That amount requested by your wife for child support sounds very extravagant. The child support laws are very clear cita. It tales both parties monthly income and then refers to a chart that sets a number for child support based on the percentage that each... Read more »

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2 Answers | Asked in Child Custody, Child Support and International Law for Puerto Rico on
Q: In puerto rico I'm backed up on child support . Can I be denied visitation of my child?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jul 4, 2019

Hello and thank you for using JUSTIA. No you cannot. Child support payments and visitation rights are two totally seperate issues and are not based one on the other.

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2 Answers | Asked in Child Custody and Divorce for Puerto Rico on
Q: Does a person filing divorce have to go to family court in Puerto Rico to determine custody of children?

A friend of mine lived in Puerto Rico until 6 months ago. He moved to Puerto Rico from Florida when his wife moved to Puerto Rico with kids to stay close to kids and be involved in their lives. Even while separated he provides $1000/ month to support the kids. He's been separated from wife for 4... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 19, 2019

Hello and thank you for using JUSTIA. The divorce process is held in family Court. The process includes determinación of parens patria,custody, child support and visitation rights if the parties do not reach an agreement among themselves. Our system is extremely jealous in protecting the children... Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for Puerto Rico on
Q: I want to divorce my husband and get custody of my kids, and Social services will not help what do I need to do?

What evidence do I need to get custody from the unsafe environment my kids are in, I cant prove anything because I am stuck in the US in the army and my husband is violent. I am scared the kids will be harmed mentally, and I don't want to go to a custody battle with nothing to show for. He is... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Mar 22, 2019

Hello and thank you for using JUSTIA. Your best move is to speak with your superiores to established you being assigned and deployed at one military base for a set time span that you can take your children with you. The custody in normally always given to the mother. It would be a good to have... Read more »

1 Answer | Asked in Child Custody, Family Law and Domestic Violence for Puerto Rico on
Q: I was given full custody of my children and the same day that I got the full custody, the mother decided to file for DV

I was given full custody of my children and the same day that I got the full custody, the mother decided to file for Domestic Violence against me. The issue is that her claims are false, she said that the supposed events happened in Pennsylvania, and she lives in Puerto Rico. My home is in... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Feb 6, 2019

Hello and thank you for using JUSTIA. In order for the Court in Puerto Rico have jurisdiction over any event said event has to have taken place within Puerto Rico. An event that happened in Pennsylvania would not be litigated in Puerto Rico. The criminal code of Puerto Rico (33LPRA) clearly... Read more »

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: Im 25. My18 yo brother moved with me to the states. Can my 16 yo sister make the decision to move also and leave her dad

Our mother is very ill.

Their father is unreliable however if our mother were to pass, that leaves him as their sole guardian and no other family to intervene.

I can financially care for both my adult brother and my 16 year old sister.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 18, 2019

Hello and thank you for using JUSTIA. Your brother is not an adult until he reaches the age of 21 as stated in the laws of Puerto Rico. As for your sister she also is a minor and as such is the responsability of her biological parents. In order for you to be able to obtain custody of your sibblings... Read more »

1 Answer | Asked in Child Custody for Puerto Rico on
Q: How long does it take for child visitation rights to be resolved in Puerto Rico?

I was wondering typically how long does it take to establish the child visitation rights for the father of the child in question? The process for the local visitation has started this month, January. I was also wondering if the process of establishing set visitation days dictated by court order for... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 10, 2019

Hello and thank you for using JUSTIA. The process all depends on the complexity of the parties to the case. If both parties are in agreement then the time span is usually one month. However if the parties are not in agreement then the case can take time. Usually the court dates are every two to... Read more »

1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
Q: Hi there, my daughter lives in PR. Is there something I can pursue or file that could postpone her return for 6mos?

As in, I want to file where I live after making the case for residency for a fair review of custody (and avoid alienation). Also some explanation of the power of asume would be helpful too.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 4, 2019

Happy holidays and thank you for using JUSTIA. You can file for joint custody or full custody. Since your daughter lives in Puerto Rico you should verify if any custody ruling has been set in Puerto Rico. If not, then you can file in your home state. As for ASUME this is a child support agency that... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Q: i live in the us and my son lives with his mom in PR am I responsible for both flights to see my son or is it half?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 12, 2018

Hello and thank you for using JUSTIA. If your son travels then both parents cover the costs half and half of his travel expenses. Since this is not the case, I am afraid that you will have to pay both flights unless you come to an accord with the child's mother. There is nothing in the laws that... Read more »

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: Can someone who is 19 move away from there parents in PR? is the age 21? What if she moves to the states does it change?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 1, 2018

Hello and thank you for using JUSTIA. Anybody under the age of 21 and a legal resident of Puerto Rico is a minor under law and therefore is under the guidance and regulations of the parents that have custody. A minor cannot move away without parental consent and the fact that she moves to a state... Read more »

1 Answer | Asked in Child Custody for Puerto Rico on
Q: If a custody order has been determined by another state

Once another state has granted custody after Puerto Rico conceded jurisdiction can it be overturned in a Puerto Rico Court?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 15, 2018

Good morning and thank you for using JUSTIA. A Puert Rico court cannot overturn a ruling made by a court from the other states . outside ofChild custody ruled by an out of jurisdiction court can not be overturned by a Puerto Rico court. The term "overturn" means to review the courts ruling and... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: Moving child support and visitations to Texas from Puerto Rico.

Moved 1 yr ago with 12 yo child (7th grade). Starting 8th grade, but after 1 mo vacation in Puerto Rico, child wants to stay in the Island. I discovered the child is being emotionally and psychologically abused by father and stepmother, and exposing child to sexual behavior. PR order states... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 16, 2018

Good afternoon and thank you for using JUSTIA. You must file a motion in court with the evidence and request a hearing on the matter. At the hearing you will need to show that visits with the father in Puerto Rico are emotionaly and psychologicaly damaging to the child and why.

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: My son is attending boarding school in PR. How can I give guardianship to my sister for his medical care, etc?

I'm in Louisiana and my son is in boarding school in PR. I'd like to authorize guardianship or POA to my sister who also lives in PR, in the event my son needs medical treatment, etc. What form should I ask Louisiana notary to prepare for my signature here, and for my sister to accept there?... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jul 21, 2018

Good morning and thank you for using JUSTIA. You can prepare a notarized general POA in favor of your sister that allows her to take and or make any decisions for the benefit of the child such as social, medical, educational, domestic or the like. You must mention the childs exact legal name as... Read more »

1 Answer | Asked in Child Custody and Family Law for Puerto Rico on
Q: Can I leave the island with my two month old son? Father has only seen him twice, and not supporting him financially?

We are not married or have an open custody battle. I would like to move to the states for better opportunities as I can’t find work here. Can I leave the island without getting in any legal trouble?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jul 19, 2018

Good morning and thank you for using JUSTIA. Yes you can travel with your child with no legal problems. The legalities begin when the father has petitioned the court for his parental rigjts and you donot respond to the court. As long as you respond to all court proceedings there will be no legal... Read more »

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