Puerto Rico Child Custody Questions & Answers

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?

1 Answer | Asked in Child Custody, Divorce and Family Law for Puerto Rico on
Answered on Mar 22, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
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 your children registered in a School of your choice and have housing set up for all of you in the área where you will be deployed. Set up a plan of custody and child care when you are at work. Also set...

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

1 Answer | Asked in Child Custody, Family Law and Domestic Violence for Puerto Rico on
Answered on Feb 6, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
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 establishes this fact in article 3.

In any criminal case it is highly recommended that you be represented by an Attorney during the probable cause hearing (34 LPRA 6). This is the inicial hearing...

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

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Answered on Jan 18, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
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 you will need to do a judicial process in court of Puerto Rico to show that said biological parents are not capable to care for said minors and as such you request to obtain custody of said minors....

Q: How long does it take for child visitation rights to be resolved in Puerto Rico?

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on Jan 10, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
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 three months apart to allow social services evaluations of the parties. It can consume time base on the willingness of the parties. No matter what needs to be done in said case you will need an attorney...

Q: Hi there, my daughter lives in PR. Is there something I can pursue or file that could postpone her return for 6mos?

1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
Answered on Jan 4, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
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 receives the child support payments. If they are involved in your case then a custody ruling has been set and the jurisdiction for any claim of custody or child support is in Puerto Rico. ASUME has...

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?

1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Answered on Dec 12, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
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 obligate the other party to contribute to the payment of your flights to visit your son in Puerto Rico.

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?

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Answered on Dec 1, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
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 does not change the fact of being a minor since she is a legal resident of Puerto Rico. For a change to occur one would have to become a legal resident of another jurisdiction. Usually residency laws...

Q: If a custody order has been determined by another state

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on Oct 15, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
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 change said ruling due to an error or wrong ruling. It is an appeals process. Since the Puerto Rico courts only have jurisdiction in Puerto Rico, it cannot review a court ruling issued by a court from...

Q: Moving child support and visitations to Texas from Puerto Rico.

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Answered on Aug 16, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
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.

Q: My son is attending boarding school in PR. How can I give guardianship to my sister for his medical care, etc?

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Answered on Jul 21, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
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 found on his birth certificate and include copy of said document. The POA must include a certified copy of the County Clerk's Certification of the notary's commision. All these mentioned documents must...

Q: Can I leave the island with my two month old son? Father has only seen him twice, and not supporting him financially?

1 Answer | Asked in Child Custody and Family Law for Puerto Rico on
Answered on Jul 19, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
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 problems. Have a good flight...

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

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
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 Court which will then issue the POA for all legal use in Puerto Rico.

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?

2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
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 has done to your children.

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

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Answered on May 8, 2018
Naomi Jusino's answer
Dear reader:

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

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

1 Answer | Asked in Child Custody and Family Law for Puerto Rico on
Answered on May 8, 2018
Naomi Jusino's answer
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.

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

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on May 8, 2018
Naomi Jusino's answer
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.

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

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on May 8, 2018
Naomi Jusino's answer
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.

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

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on May 8, 2018
Naomi Jusino's answer
Dear Reader:

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

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

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on Mar 15, 2018
Naomi Jusino's answer
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.

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

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Puerto Rico on
Answered on Nov 9, 2017
Naomi Jusino's answer
Yes.

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

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