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Puerto Rico Family Law Questions & Answers
1 Answer | Asked in Family Law and Civil Rights for Puerto Rico on
Q: Hi if child is of age and no longer in mother home in puerto rico mother refuse to give birth certificate and social

Can mother get introuble by law for holding them and not giving them up

Jose Rivera
Jose Rivera answered on Mar 5, 2020

Greetings:

As a parent you can request documents and credentials of your dependents. If they're of legal age they can request the documents themselves. If the mother prevents you from exercising your parental rights, you can file in court to validate those rights and have visitation rights...
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2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: Does ASUME in PR deviate from guidelines when noncustodial parent has other biological children or other CS obligations?

I read that many states do deviate from guidelines when NCP has other children to care for or other support orders (for children not on case). Does ASUME deviate or consider the other children as an expense or credit?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Feb 23, 2020

Hello and thank you for using Justia. Yes local law does allow crédits for other child support Court Órdenes, children under your care in addition to various other crédits.

If you need additional information please feel free to contact me directly.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: My brother pays for child support In Puerto Rico his ex wife does not allow visitation to see his daughters .
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 29, 2020

Hello and thank you for using Justia. Your brother has to file a motion requesting visitation. This will have the Court regulate the visitation process and garantee his right to have visitation with his daughters. The Court will obligate the Mother to allow visitation and paternal relationships. It... Read more »

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1 Answer | Asked in Family Law and Elder Law for Puerto Rico on
Q: Do I need a lawyer to file for legal guardianship of my elderly parents in Puerto Rico?

I reside in Puerto Rico with my parents, my father is 89 yo with advanced Alzheimer's and my mother is 81 and ambulates with the help of a walker.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 10, 2020

Hello and thank you for using Justia. In Puerto Rico we have tutorship and guardianahip . The major differences is that the first must be Court approved but the other can be done by a Notary Public if both parent's are mentally capable.

If you need additional information please feel free...
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2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: Child support warrant see more information

My husband is getting child support taken out from his Check every week he was not aware of the order from Puerto Rico as the child or month we are no longer in Puerto Rico and he has been paying support directly to her. Now she has not been getting the money taken out, from asume in Puerto Rico as... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 26, 2019

Hello and thank you for using Justia. If the warrent has been issued and registered in the Federal NCIC system your husband shouldn't attempt to travel until he clears up the situatión with ASUME.

The first thing your going to want to do is contact ASUME and verify what type of warrent...
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1 Answer | Asked in Child Custody, Criminal Law and Family Law for Puerto Rico on
Q: I moved to puerto rico with my 2year old child and want to move out but her dad says he can get me arrested?

He threatened me that he would call the police and get me arrested for kidnapping, he doesn't want the baby to leave. What is the law on this? Could I get in trouble? What can I do to prevent this issue? We are not married and I've been the one with her always. No custody by court, but I am the... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 26, 2019

Hello and thank you for using Justia. You have physical custody and as such can leave. However he does have parental rights and as such can file in court for visitation rights. The child also has rights to receive financial support from biological father. The best way to handle this situatión is... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Puerto Rico on
Q: Can a single mother living in TX move to Puerto rico if child has dads last name but no court order custody?

Can a single mother be acussed of kidnaping her own child if theres no court custody order in texas and wants to get away moving to Puerto rico without permission due to emotional abuse from father Constantly being threatned with taking child from her, and constantly recording her to create a case.... Read more »

Jose Rivera
Jose Rivera answered on Dec 22, 2019

If there's no custody order at the moment and given some extraordinary situations, emotional abuse being one of those, you can travel to Puerto Rico with your kid and file for custody after 6 moths of living in here or request an emergency hearing where you can prove with legal assistance your... Read more »

2 Answers | Asked in Civil Litigation, Contracts, Estate Planning and Family Law for Puerto Rico on
Q: Uncle is trustee of family land. Dad passed, trustee didnt pass to his children. How can I get added to my family trust?

Uncle is real estate agent and has created a trust to place all siblings portions of the land into. However as my father has passed no action was taken by the trustee to include his children. He was not married and died in Puerto Rico. I sense my inheritence is being robbed by my dads siblings.

Jose Rivera
Jose Rivera answered on Nov 30, 2019

If you're member of a trust where your uncle included everyone of your siblings, including yourself, chances are that this was perpetuated by a procedure in a Court of law. Feel free to give us a call and contact our offices.

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2 Answers | Asked in Family Law for Puerto Rico on
Q: My Daughter in law is 18,her mother wants to see her but she refuses to see her,can a judge obligate her to see her mom?

Her mom took my son to court saying he won't let her visit but this isn't true,only not at our home because she is a problem person

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 24, 2019

Hello and thank you for using JUSTIA. Being a minor of 18 years old the Mother still has legal custody over her. Unless your son and her are legally married or she is legally emancipated, your daughter in law is still a minor under the custody of her parents. It is very unlikely that a Judge will... Read more »

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1 Answer | Asked in Family Law for Puerto Rico on
Q: What's needed to request a parents medical records and permission to be notified in PR if spouse is Health Care Proxy.

My wifes father is in Hospice (because doctors decided to stop treatment) in the VA in San Juan, PR. He lives there and we live in New York but currently down in PR. His wife, not our parent is the health care proxy and is trying to shut out his 3 daughters. She even filed a complaint at the... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 13, 2019

Hello and thank you for using JUSTIA. In order for anyone to get the récords of a veteran, you need written authorization from said veteran. The document needed is found at the following link;

https://www.va.gov/vaforms/medical/pdf/vha-10-5345a-fill.pdf

This Will allow you to...
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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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1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: Child support - Child got in trouble with the law (drugs related) Child was thrown in jail from age 17. This voids CS?

Child was selling drugs, etc. He was caught and prosecuted for different offenses. If in jail, how does this work with child support?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 29, 2019

Hello and thank you for using JUSTIA. The child is still a minor and has a legal right to receive child support Even if he is in jail. The differences now is that said child support payments will be maid to the party whom has his custody thus the Juveniles Corrections Department in the child's name... Read more »

2 Answers | Asked in Family Law, Civil Rights and Constitutional Law for Puerto Rico on
Q: 20 yr old female living in Florida. I want to get married. But my father doesn’t approve. Can he force me go back to PR?

Thanks

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 3, 2019

Hello and thank you for using JUSTIA. In the state of Florida the legal age of majority is 18. Since you are a resident of over said age you are legally emancipated and thus are an adult byou can legally marry your boyfriend without your father's consent. You are of legal age.

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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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1 Answer | Asked in Divorce and Family Law for Puerto Rico on
Q: Divorce decree

My dad can go to court where I got divorced in Puerto Rico and request a divorce decree for me.

Do I have to send any written permission to request it? I live in usa

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

Hello and thank you for using JUSTIA. In order for you to get a divorce decree, you must request it personally since these cases are prívate. You will need to contact the Court to find out exactly what is needed for you to authorized your father to receive a copy of said decree.

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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1 Answer | Asked in Child Support and Family Law for Puerto Rico on
Q: Child Support through ASUME in PR for 2 kids. the oldest recently came to live with me. How can I proceed about the CS?

I pay Child Support for 2 kids through ASUME in PR, but I'm located in TX. My kids have been living in CT for the last 5 years. My daughter is about to be eighteen, and came to live with me after her High School Graduation, but my son stayed with the Custodial Parent. How can I proceed to change or... Read more »

Jose Rivera
Jose Rivera answered on Jul 8, 2019

You and the family lawyer that you hire will have to file the correspondent ASUME claims and allegations in your original case in Puerto Rico.

2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: We're curious if we are currently living in the states and my husband pays child support here, would he still be.. oblig

Obligated to continue paying if we ended up moving to Puerto Rico? Because the age limit is entirely different from there.

Jose Rivera
Jose Rivera answered on Jul 8, 2019

If you were to close the child support case in the State that you're actually have your legal residence and move to Puerto Rico while your child is legally underage (under 21 years of age) in the jurisdiction of Puerto Rico, given other requirements, you should be able to hire legal representation... Read more »

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