Get free answers to your Child Custody legal questions from lawyers in your area.
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
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... View More 
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.
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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... View More
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... View More
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... View More
answered on Jul 4, 2019
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.
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... View More
answered on Jun 19, 2019
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... View More
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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... View More
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... View More
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.
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... View More
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... View More
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... View More
Once another state has granted custody after Puerto Rico conceded jurisdiction can it be overturned in a Puerto Rico Court?
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... View More
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... View More
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.
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... View More
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... View More
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?
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... View More
My mother in law says that the form, Appointment of Temporary Guardian for Minor Children is not accepted in Puerto Rico. Is this correct?
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... View More
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... View More
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... View More
The son is living in very bad conditions due to the recent hurricane, can he file emergency custody?
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.
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
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.
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