Puerto Rico Child Custody Questions & Answers
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 »
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 »
Q: In puerto rico I'm backed up on child support . Can I be denied visitation of my child?
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.
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.
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 »
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?
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 »
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?
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 »
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?
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 »
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 »
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?
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 »
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 »
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?
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 »
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?
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 »
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 »
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 »
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?
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 .
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
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 ?
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 »
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?
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?
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.
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