Puerto Rico Family Law Questions & Answers

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

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Apr 9, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
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.

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

1 Answer | Asked in Estate Planning and Family Law for Puerto Rico on
Answered on Mar 19, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
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 Office. They are whom has the original document registered. The second step is to file the petition with the original Will in the Court. The Court Will validate the Will and give it authourization....

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

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Answered on Feb 3, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
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 the Superior Court.

As for the internet, There is a website that is a search engine for finding information about judicial cases. This can be found at the following link;...

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?

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Jan 29, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
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 office.

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: 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 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

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Dec 3, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
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.

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: 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

1 Answer | Asked in Child Support and Family Law for Puerto Rico on
Answered on Nov 13, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
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 the matter.

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

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Oct 17, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
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 located in San Juan. This might take upto two months to locate the file. Once the file is located they will notify the files availability for review. You will review the file and then request a copy of...

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

1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on
Answered on Aug 27, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
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 usually is relativly inexpensive. You can calculate this amount at the following web site

http://www.fianzanotarialpr.org/calnota/index.html

The power of attorney is void once the...

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: In PR can someone add both surnames maternal & paternal on a birth certificate w/o doing a name correction. Born in NJ

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Aug 10, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. A birth certificate is issued at your place of birth so you can not get a birth certificate in another location where you were not born. Since you were born in New Jersey you would need to do all pertinent changes to said birth certificate in New Jersey. Puerto Rico will not change your birth certificate unless you qualify for a name change process. It would be simplier to do the name change process in New Jersey.

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'm from Puerto Rico and I pay child support for my 22yr that finish 4yr of college, do I still pay if he keeps studying

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Answered on Jun 14, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. If there is a court order and you son will continue to study then yes until he is 25 years old. If he will not continue to study then you will need to file a motion to the court asking for termination order. You must continue to pay until court terminates the order.

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.

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