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Puerto Rico Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Puerto Rico on
Q: If both parents have 50% custody and one of the children wants to live with the father, what age can child say so
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 28, 2020

Hello and thank you for using Justia. There is no specified age in law. The general standard is that at age 10 the Child has an opinión but the Court is not obligated. The key factor is the best resource for the child regardless of the age.

If you need additional information please feel...
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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Puerto Rico on
Q: My daughter & son in law are drug addicts and alcoholics and are neglectful of their two children. CPS & 911 reports

on file in PR. Can grandparents get temporary custody while court requires rehabilitation?

We live in Wa state! Our home was the children’s home away from home before they moved from here to PR! Son in law is abusive to our daughter and has complete control over her! What can be done to... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 2, 2020

Hello and thank you for using Justia. Yes the Grandparents can petitión for custody of the children if thier wellbeing is at risk. This is done by filing a petition in Family Court, notifying the Family Department, notifying the Child Protection Agency or directly with the Court.

Please...
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1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: I’m 16, can I decide with whom I want to live?

Hi! I’m 16 and I would like to know if I could decide with whom I want to live. My parents were not married when they had me so my mother has custody of me but she is moving to Florida and I have expressed her that I don’t want to live there, I want to stay in Puerto Rico but they don’t... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jul 25, 2020

Hello and thank you for using Justia. You can have your Father petitión for your custody. At the Hearing of the Petitión you will be able to testify and you opinión will be heard. This will in most instances allow a Court to rule in your Father's favor and allow you to stay un Puerto Rico.... Read more »

1 Answer | Asked in Child Custody for Puerto Rico on
Q: Is there a legal age that a child can decide where they would like to live.

My daughter has express multiple times wanting to live with me. What can I do?

Jose Rivera
Jose Rivera answered on Jul 21, 2020

Greetings:

It may depend on many factors, but you can certainly retain the services of an attorney and file for legal custody and all the cases related to the matter.

The court will evaluate and order a social study, as well as an evaluation to oversee if such changes will result on...
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2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: Is it possible to move to New York from Puerto Rico without the father's permission?

We are not married and he left us when she was 2 1/2 months to Texas then to Florida. He came back in November 2019. He now lives in PR but has rarely visited us. My daughter is now 1 year and a few months old. He has really made much efforts on helping us. My mother and grandmother has been... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 27, 2020

Hello and thank you for using Justia. You will need the Father's consent to travel with the child to New York. If the Father does not give consent then you will need to request Court Authority for travel and transfer of the Child to New York.

Your case presents a special complication....
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1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Puerto Rico on
Q: Im not married to my sons father and i want to leave puerto rico due to domestic violence. Can he sue me for kidnapping?
Terrence H Thorgaard
Terrence H Thorgaard answered on May 8, 2020

That is a question of Puerto Rican law, not Florida Law.

2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: Mother of my two daughters left to Las Vegas without my permission. How do I enforce bringing them back to PR?

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Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 4, 2020

Hello and thank you for using Justia. You will need a certified copy of the Court Order and attached a Apostille Stamp from the State Department un Puerto Rico. With the document, you Will appear in the Las Vegas Court House and request a Court Marshalls assistance to get your daughters.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: if a parent leaves their child for months at a time and the child was in university (19-20yo) what should happen. in PR*

legal and step parent left puerto rico for just about 4 months and saying that they werent going to come back to live but now live in PR again and now that (now 20yo) lives in their boyfriends mothers house. and gets no support and no financial support from their parent. now has been almost 7... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Apr 7, 2020

Hello and thank you for using Justia. The daughter is a minor until age 21 thus she has a right to request Child Support from her parents. Since she is a student she may qualifying for económical support until the age of 25 or date of graduatión, which ever occurs first.

The Child Support...
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1 Answer | Asked in Child Custody for Puerto Rico on
Q: Where does one need to file for child custody in Puerto Rico?

My cousin and his ex girlfriend had their child about 3 months ago now. She has been extremely stubborn the whole pregnancy and thereafter and has not allowed him to see his child. I've seen text messages and she never responds when he asks to see his son. During this time, they were both... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Mar 18, 2020

Hello and thank you for using Justia. Yes he must file for Custody, visitation and/or any other right related to the Child where ever said child lives. If the Child lives un Florida then the request needs to be made in Florida. Your cousin needs to contact the Florida Bar Association for... Read more »

1 Answer | Asked in Child Custody for Puerto Rico on
Q: How do I get in contact with someone in the interstate child support enforcement office to get this going?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Mar 9, 2020

Hello and thank you for using Justia. You can attempt to contact them by visiting the Department of Family Child Welfare División. They will be able to guise you in your quest.

2 Answers | Asked in Child Custody for Puerto Rico on
Q: How can we fight to not pay past dues on Child Support when the non-custodial parent was deployed overseas?

NCP deployed overseas, ex wife filed for child support in PR saying he wasn’t paying any money. He has proof that he was sending money to his youngest son, the other two he wasn’t sending money because prior to a case being opened in PR they had child support agreements in Philadelphia. The... Read more »

Jose Rivera
Jose Rivera answered on Mar 4, 2020

Greetings;

You will have to request a review of the case and hearings to present the evidence that can prove that there were child support cases in other jurisdictions, present copy of the deployment orders and that one of the dependents was living with dad a long with any other evidence...
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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 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... 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 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... 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... Read more »

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