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Puerto Rico Family Law Questions & Answers

1 Answer | Asked in Family Law for Puerto Rico on

Q: My father died 5 years ago. my mother was married to my dad until his death and is 91 yrs old now.

To my knowledge & that of my four siblings, there was no will. What can we do to either have a will prepared for my mother or get rules of law of inheritance in Puerto Rico. What is the Declaration of Heirs?

Nelson Jose Francisco Alvarez-Aponte answered on Jun 17, 2019

Hello and thank you for using JUSTIA. To answer your first question your Mother can create a Will in New York and have it perfected to Puerto Rico law. An Attorney in Puerto Rico would create a draft of a testament for her signature with a Notary Public in New York and then have the document,... Read more »

1 Answer | Asked in Family Law and Child Support for Puerto Rico on

Q: Why am I not allowed to explain why I can't pay child support to the judge if I don't have a lawyer present?

I live in Florida a received a summons for non payment of child support. I flew to Puerto Rico to attend court and they would not allow me to speak because I did not have a lawyer. I was immediately arrested, thrown in jail, and told I would stay there until all the child support had been paid.... Read more »

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

Hello and thank you for using JUSTIA. Judges in Puerto Rico do not allow a party to speak in court hearing since you have a constitutional right to not incriminate yourself. Anything you say will be used against you. The law states that failing to comply with a child support court order is contempt... Read more »

1 Answer | Asked in Family Law for Puerto Rico on

Q: Can a mother go on a 1 month vacation with her child without the "non custodial parent's" consent?

My cousin wants to visit me for a month with her son who is going on a year old this summer. The child resides with his mother(my cousin) as well as my aunt and uncle. The father does not reside with them nor has he been granted partial custody since he never applied for such. He threatened her... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Jun 9, 2019

Hello and thank you for using JUSTIA. The father in this case most likely has shared "Patria Potestad" thus yes he must be notified of said travel plans such as travel dates, destination, place of stay and contact information (telephone number) . If he is not willing to allow the travel then he... Read more »

1 Answer | Asked in Family Law for Puerto Rico on

Q: My brother and i are forced heirs of my late grandfather's properties along with 2 uncles.

My brother's vehicle is under my late grandfather's name, both of my uncles have no interest in the vehicle and neither do i, my brother wants to do a title transfer to someone that is willing to take the remaining loan. A document on my part is needed in order for the process to begin. What is the... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on May 30, 2019

Hello and thank you for using JUSTIA. The document you need has to be prepared by a Notary Public in Puerto Rico. It is simply a document whereby you recognize that the title is in your Grandfather's name but he vehicle realy belongs to your brother and as such does not form part of the estate.

1 Answer | Asked in Health Care Law, Family Law and Elder Law for Puerto Rico on

Q: Over 20 years done 100% of the care for 94 year old mother.there are 4 other brother, never done their share help

Am with my mother over 120 hours a week.I prepare meals for my mom,clean house, do the yard work.Buy groceries and household supplies out of my own funds.Am a Marine Vietnam combat veteran withPTSD.The situation is very difficult because I’m wasting away so my mother can live and my siblings have... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on May 27, 2019

Hello and thank you for using JUSTIA. You have the right in Puerto Rico to file a complaint in court to force the sibblings to do thier share of the choirs. All children must do their share for care of thier elderly parent. This is the law.

1 Answer | Asked in Family Law for Puerto Rico on

Q: I have a friend who lives in Puerto Rico. She is married but her husband has separated from the home.

He has seperated from the home, his wife, and their daughter who is 8 months old due to his cheating with another woman and possibly another. My friend would like to come to Chicago for a couple of weeks but he keeps threatening her and telling her she is not taking the baby anywhere. She doesn't... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Apr 9, 2019

Hello and thank you for using Justia. She can travel for visitation purposes. If the husband denies her, she should file for divorce. I would just purchase the tickets and leave if her intent is to return to Puerto Rico. If not she can go to the court and get judicial authorization to travel.

1 Answer | Asked in Child Custody, Divorce and Family Law for Puerto Rico on

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 »

Nelson Jose Francisco Alvarez-Aponte 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... Read more »

1 Answer | Asked in Estate Planning and Family Law for Puerto Rico on

Q: Does Puerto Rico have a "Small Estate Affidavit" or equivalent legal document?

I am trying to close out an account a "poor pensioner" friend of mine had with Wells Fargo. He was resident in Puerto Rico when he passed away. He created a Will with a Lawyer their in Puerto Rico and made me the executor and heir of his estate. In the will he disinherited his children with whom... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Mar 19, 2019

Hello and thank you for using JUSTIA. Puerto Rico does not have a Small Estate process. The only way to liquidated assets of the deceased is by probate through the Court. This is done by filing a petition with the Court.

The first step is to get a certified copy of the Will through the ODIN...
Read more »

1 Answer | Asked in Child Custody, Family Law and Domestic Violence for Puerto Rico on

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 »

Nelson Jose Francisco Alvarez-Aponte 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... Read more »

1 Answer | Asked in Family Law and Child Support for Puerto Rico on

Q: Where can I find proof that grandma received child support for son (1940's PR)? She said she never got it, but ex paid

I'm trying to fill in the blanks over here. After 20 years of searching, I finally found my father's half-sister. The story my grandmother told me was that she never got child support from the father of her child and he had friends in the court system so that she wouldn't get the money. My aunt... Read more »

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

Hello and thank you for using JUSTIA. I am afraid that the records you are searching for no longer exist. Our current system began in 1950 with the creation of the Commonwealth of Puerto Rico and the signing of our Constitution. The records that you are searching for are from a lower court known as... Read more »

1 Answer | Asked in Family Law for Puerto Rico on

Q: I live in PR and the father of my daughter in FL in 12 years passes me the maintenance when he wants, what should I do?

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

Hello and thank you for using JUSTIA. You will need to file a claim for child support and/or incompliance with a child support resolution. You need to claim for a contempt of court order since the father has not complied with his obligation to pay child support. This is all done at your local ASUME... Read more »

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on

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.

Nelson Jose Francisco Alvarez-Aponte 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... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on

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?

Nelson Jose Francisco Alvarez-Aponte 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 that... Read more »

1 Answer | Asked in Family Law for Puerto Rico on

Q: I currently live in Virginia and Im Pregnant. The father and I are not together. Can I still move to Puerto Rico?

Can he stop me?

Nelson Jose Francisco Alvarez-Aponte answered on Dec 3, 2018

Hello and thank you for using JUSTICIA,

1 Answer | Asked in Family Law for Puerto Rico on

Q: can I leave PR with my 2 children to the states My boyfriend won’t consent and he is holding me hostage, what can I do

If I call the police he will hurt me

Nelson Jose Francisco Alvarez-Aponte answered on Dec 3, 2018

Hello and thank you for using Justia. You were suppose to leave from Aguadilla airport yesterday (saturday) to your brothers house. Your sister in law is very worried. You can call me for help with your situation.

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on

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?

Nelson Jose Francisco Alvarez-Aponte 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... Read more »

1 Answer | Asked in Child Support and Family Law for Puerto Rico on

Q: I’m 20 years old and I am receiving child support. I have no plans of going to college. I want to terminate my child

Support. Does it end automatically when I turn 21? What are the steps I need to take in order to terminate?

Nelson Jose Francisco Alvarez-Aponte answered on Nov 13, 2018

Hello and thank you for using JUSTIA. No child support does not automatically end when you turn twenty one. The person paying the child support must file a motion in court requesting that the child support order be eliminated. Child support payments must continue until the court issues a ruling on... Read more »

1 Answer | Asked in Family Law for Puerto Rico on

Q: How may I get information on a paternity court case in Ponce Puerto Rico that happened between 1984-1986.

María Vázquez vs. Ángel Baez

Nelson Jose Francisco Alvarez-Aponte answered on Oct 17, 2018

Good evening and thank you for using JUSTIA. You can use the following web link : http://www.ramajudicial.pr/consultas/casos.html

This will give you the court case number. Once you have the case number you will need to request the court file which will be in the archives of the court...
Read more »

1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on

Q: Mom passed away a couple of weeks ago. I have POA.. Cant afford to pay $4000 to change the deed of land.

Are there any free lawyer or adviser that can help me get deed and sell land in PR i I’ve in Chicago and I am poor. I need assistance before my dad girlfriend takes it

Nelson Jose Francisco Alvarez-Aponte answered on Aug 27, 2018

Good afternoon akd thank you for using JUSTIA. There are no free lawyers for your case since said case will generate funds once it is sold. Why you state that it will cost $ 4000 to change and liquidate the property is beyond me. The costs and expenses of changing the name in the property registry... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on

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 »

Nelson Jose Francisco Alvarez-Aponte 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.

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