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Puerto Rico Family Law Questions & Answers
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 Child Support and Family Law for Puerto Rico on
Q: How can I obtain copies of my court order to pay child support in PR?

I need to confirm a stipulation in my court order which transfers the obligation depending on where my children reside. If I remember correctly, this stipulation was included when my court order was finalized to which my lawyer at the time asked to include because she knew I had every intent to... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jul 29, 2020

Hello and thank you for using Justia. You can find your case file at the Court House where the original case was heard. You should call said Court and verify if your file is physically there or if it has been sent to Central Archíve.

If you need additional information please feel free to...
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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 Medical Malpractice and Family Law for Puerto Rico on
Q: My son recently diagnosed with schizophrenia. He is 24. He lived in PR on his own since Jan 2016.

He had been evicted from two apts. Has no family to look out for him in PR. As the Mother I recently went to PR to file a petition to remove him from the apt. He was put in a psychiatric hospital for 1 week and was supposed to cone home to NY with me. After being released he did not want to take... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 5, 2020

This question is not a NY question. Since your son is in PR he is subject to the law of PR not NY. You need to speak with an attorney in PR to see what if anything can be done.

1 Answer | Asked in Family Law for Puerto Rico on
Q: Can a marriage be annulled after 2 years?

My mom got married at 72 and now is in a verbally abusive relationship. She is the income provider of the household and he wants access to her money. She no longer wants to be both him but she is afraid of the repercussions. She is a resident of Puerto Rico but the marriage took place in Maryland.... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 29, 2020

Hello and thank you for using Justia. The annulment of a marriage can only be done in the jurisdicción where the marriage Rook place in other words you will need to verify under Maryland laws.

In Puerto Rico she can can get divorced under our laws. If you need additional information please...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: If I want to leave PR with my 16yr old daughter away from my husband. will that be considered kidnapping?

I want to leave with my daughter from my bad husband who hasn't been treating us good at all. Should I wait until she is 18 in 2 years or am I able to book a flight to New York and leave now. I just don't want to get into any trouble.

Jose Rivera
Jose Rivera answered on Jun 20, 2020

Greetings:

Leaving the jurisdiction with your kid without the other parents consent can open the possibility of him filing a complaint against you and a possible criminal process. Considering that you are married, are having incidents with you husband and have a minor, there are several...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: Family law

If I reside in Puerto Rico and my child is born there, Can I move to another state with my child freely if me and the father were never married?

Jose Rivera
Jose Rivera answered on Jun 15, 2020

Greetings:

It is highly recommendable for you to request a hearing that will hear your reasons to move from this jurisdiction to another and for the court to evaluate the best options for both parents and the kid in that given situation. Specially when visitation rights and parental rights...
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2 Answers | Asked in Family Law for Puerto Rico on
Q: Leaving Puerto Rico.

If I have a child in Georgia and then move to Puerto Rico to live with the father , am I able to move back to Georgia without any consent from father.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 14, 2020

Hello and thank you for using Justia. You would have to get Court Authorization if the Father does not consent. You need to show that the child's needs will be taken caré off in Georgia.

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2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: My daughter is going to college. Do I have to pay until she finishes college?

Does she have to show proof that she is going to college?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 13, 2020

Hello and thank you for using Justia. Yes on both questions. She does have to show evidence of college and good grades. Must graduate before age 25.

If you need additional information please feel free to contact me directly.

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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 Family Law for Puerto Rico on
Q: Why Asume in PR has never sent the child support money to the child's mother?

Asume in PR has been garnishing child support from paycheck, but the mother of the child has never received the money; it's been months. I received a letter from IRS that the stimulus check was sent to Asume, my current wife and little son ended up with nothing, still the mother of my other... Read more »

Jose Rivera
Jose Rivera answered on May 16, 2020

Greetings:

You with have to hire a legal representative and file a motion to request a court order for them to comply with their obligation.

If you have any other questions contact us directly and we will be glad to be at your service.

1 Answer | Asked in Family Law for Puerto Rico on
Q: Dad passed away in Puerto Rico. By law can I get some of his ashes? I am his adult daughter that lives in Florida.

My grandmother, his mom, passed away one month before him and the family would like to inter the ashes in the same mausoleum in Colombia. His common-law wife refuses to interact with his daughters. Legally can something be done to get some of his ashes?

Jose Rivera
Jose Rivera answered on May 11, 2020

Greetings;

Our condolences to you and your family. You have to know the whereabouts of your dad and know what happened afterwards. Then you will have to get a release form the agency and a court order to be able to request the procedure to be made in order to transport the ashes with you....
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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 Family Law and Civil Rights for Puerto Rico on
Q: Hi if child is of age and no longer in mother home in puerto rico mother refuse to give birth certificate and social

Can mother get introuble by law for holding them and not giving them up

Jose Rivera
Jose Rivera answered on Mar 5, 2020

Greetings:

As a parent you can request documents and credentials of your dependents. If they're of legal age they can request the documents themselves. If the mother prevents you from exercising your parental rights, you can file in court to validate those rights and have visitation...
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2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: Does ASUME in PR deviate from guidelines when noncustodial parent has other biological children or other CS obligations?

I read that many states do deviate from guidelines when NCP has other children to care for or other support orders (for children not on case). Does ASUME deviate or consider the other children as an expense or credit?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Feb 23, 2020

Hello and thank you for using Justia. Yes local law does allow crédits for other child support Court Órdenes, children under your care in addition to various other crédits.

If you need additional information please feel free to contact me directly.

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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 Family Law and Elder Law for Puerto Rico on
Q: Do I need a lawyer to file for legal guardianship of my elderly parents in Puerto Rico?

I reside in Puerto Rico with my parents, my father is 89 yo with advanced Alzheimer's and my mother is 81 and ambulates with the help of a walker.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 10, 2020

Hello and thank you for using Justia. In Puerto Rico we have tutorship and guardianahip . The major differences is that the first must be Court approved but the other can be done by a Notary Public if both parent's are mentally capable.

If you need additional information please feel...
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2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: Child support warrant see more information

My husband is getting child support taken out from his Check every week he was not aware of the order from Puerto Rico as the child or month we are no longer in Puerto Rico and he has been paying support directly to her. Now she has not been getting the money taken out, from asume in Puerto Rico as... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 26, 2019

Hello and thank you for using Justia. If the warrent has been issued and registered in the Federal NCIC system your husband shouldn't attempt to travel until he clears up the situatión with ASUME.

The first thing your going to want to do is contact ASUME and verify what type of...
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