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Puerto Rico Child Custody Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 »

1 Answer | Asked in Child Custody for Puerto Rico on

Q: I want to give temporary guardianship to my mother in law, who lives in Puerto Rico. What document do I need.

My mother in law says that the form, Appointment of Temporary Guardian for Minor Children is not accepted in Puerto Rico. Is this correct?

Nelson Jose Francisco Alvarez-Aponte answered on Jun 11, 2018

Good evening and thank you for using JUSTIA. No this is not correct. You can send said document to her and she will need to visit a Notary Public in Puert Rico to have said document certified as full faith and credit (protocolizado). Said Notary will issue a document and submit it to the Supreme... Read more »

2 Answers | Asked in Family Law and Child Custody for Puerto Rico on

Q: Ex wants see ex-in-laws will, there's no will, want declaration of heirs, nothing for her, do I have to show it?

Ex-spouse wants to see ex-in-laws will but there's no will, now she wants to see the declaration of heirs, nor her nor the children are mentioned in it nor did they inherit anything, do I have to provide it? Me and my siblings don't want to as it is none of her business, we divorced in NJ and she... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Jun 11, 2018

Good evening and thank you for using JUSTIA. Your parents estate would not have any thing for them since they are not the inheritors. They have no legal right to receive a copy. Now what you can do is file a motion in the NJ court requesting visitation rights and explain to the court what your ex... Read more »

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1 Answer | Asked in Family Law and Child Custody for Puerto Rico on

Q: My husband's son lives in Puerto Rico and they do not have a custody arrangement. How can he file for custody?

The son is living in very bad conditions due to the recent hurricane, can he file emergency custody?

Naomi Jusino answered on May 8, 2018

Dear reader:

To file a custody or visitations case, you will have to file in the court of the area where the child lives.

1 Answer | Asked in Child Custody and Family Law for Puerto Rico on

Q: What are the rights of the father when your child was born out of marriage? Who would have the custody ?In Puerto Rico .

What are the rights of the father when your child was born out of marriage? Who would have the custody ?In Puerto Rico . I asked since I just move to the US with out father's awareness

Naomi Jusino answered on May 8, 2018

Dear reader:

In Puerto Rico a child born outside a marriage has the same rights as one born during marriage.

The legal custody is established by the court.

1 Answer | Asked in Child Custody for Puerto Rico on

Q: Does the Puerto Rico court take an affidavit aggrement made by both parents in consideration ?

If I made notarized affidavit with children's father with him stating that he allows me to take the children to reside occompanied by me to the US with the condition that he is able to take them back to Puerto Rico for vacation for no more than one month at a time. He would also have to make travel... Read more »

Naomi Jusino answered on May 8, 2018

Dear Reader:

Yes, is can be considered in a custody case as a previus agreement. But if for some reason things change, the court can establish new conditions and reevaluate the custody case or visitations plan.

1 Answer | Asked in Child Custody for Puerto Rico on

Q: If I am grantes custody of my children in Florida do I have to appear in court if my ex filed in PR?

I filed for custody here and the mother filed a month later in PR. My children have been here 6 mos. I recieved notice that I am going to be held in contempt for not responding to her filing there. What are my options?

Naomi Jusino answered on May 8, 2018

Dear Reader:

If you were summon, the right thing to do is to answer. You can notify to the court that there is a case in FL and that the kids are living there for 6 months or more.

1 Answer | Asked in Child Custody for Puerto Rico on

Q: How I can give the whole custody to the other parent?

Naomi Jusino answered on May 8, 2018

Dear Reader:

Yes, under the laws of Puerto Rico you can give the custody of a child to one parent or to both.

1 Answer | Asked in Child Custody for Puerto Rico on

Q: At what age does child support obligations end in PR?

I live in NC and my daughter resides in PR.

Naomi Jusino answered on Mar 15, 2018

Dear Reader:

As a normal rule, the alimony or support obligations ends at the age of 21 (legal age). But your dauther can request support after 21 years if she is studying and/or has any limitation to work or live independently.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Puerto Rico on

Q: Are there any resources in PR for dealing with Parental Alienation issues?

http://www.duhaime.org/LegalDictionary/P/ParentalAlienation.aspx

Naomi Jusino answered on Nov 9, 2017

Yes.

Under a case of custody or visitations you can allege Parental Alienation.

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