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Puerto Rico Family Law Questions & Answers
1 Answer | Asked in Family Law for Puerto Rico on
Q: Hi, does a father have any legal rights to his children even if his name is on the Birth Cert. but never married lived w

Hi, does a father have any legal rights to his children even if his name is on the Birth Cert. but never married or lived with the child?

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2020

Greetings;

The answer is yes. You have all legal rights and obligations towards your children, even when you're not legally married or have never married the mother of your children. You will have to hire legal representation and file in a court of law to establish an official and...
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1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: I live in the US, my children live in PR. The dept social services has asked me to go meet with them.

They see reason to remove kids from mom. If I am awarded physical custody do I have to relocate to Puerto Rico or can I bring kids to US. We are now in court fighting for custody.

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2020

Greetings:

If you're fighting for legal custody this means you have a legal representative. It is not our place to intervene in your attorney/client relationship or give you any legal counsel that may give the appearance of improper intervention due to ethical rules.

if...
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2 Answers | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Puerto Rico on
Q: How long does my son's father have to be absent to be considered abandonment, and terminate his parental rights?

We are not married. His name is not on the birth certificate. I have proof he denied the baby, refused involvement, left &moved states during the pregnancy. I have proof that he refuses to tell me where he is. I offered him a DNA test which he also refuses. He has not offered any financial... View More

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2020

Greetings:

You'll have to file a parental filiation or parentage case and all the case related to it. These type of case are very technical, so we advice you to hire legal representation.

If you have any other questions, feel free to contact us. We will be glad to be at your service.

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1 Answer | Asked in Family Law for Puerto Rico on
Q: My mother is 60, a man we want to do DNA test is 87 I believe. But his wife and kids refuse to let him do it. How can we

How can we get permission to test him to see if he is my moms dad? He has early Alzheimers but he still recall many things.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Oct 15, 2020

To the Justia moderator, this is a question about Parents not Patents so the Patents topic should be dropped.

1 Answer | Asked in Family Law for Puerto Rico on
Q: My daughter will be 19 and lives in PR. I'm non-custodial parent. She wants to live with me in FL. Is she an adult now?

Do I need to file a court authorization request?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Sep 1, 2020

Hello and thank you for using Justia. In Puerto Rico she is still an underaged minor for many legal situations, custody being one of them. The best scenario is for all three to talj it over and then decide. The daughter can petitión the Court for emancipation or intervention on certain family... View More

1 Answer | Asked in Family Law for Puerto Rico on
Q: I'm 16 and live in Puerto Rico can I leave without consent?

I'm currently living under to much stress and pressure. With parents that don't try to understand how I feel or change. They can be very toxic and it affects me mentally. Can I leave without consent and stay with friends?

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

Hello and thank you for using Justia. Un Puerto Rico the law states that a person is an under aged minor until the age of twenty-one. Thus being an under aged minor, they are under the custody of an adult. Thus you cannot leave without authorization from your parents or your custodial adult.... View More

1 Answer | Asked in Family Law for Puerto Rico on
Q: Is it legal if I open an account in Vanguard or Fidelity, in USA, and name my son as the only beneficiary? I am married.

In Puerto Rico, the law entitles the spouse to receive as much as the children, the same amount, of an inheritance. Does the money in a bank or invested in the USA count for the inheritance or only the money in Banks in Puerto Rico? I don’t want to do anything illegal. Thank you for your response.

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

Hello and thank you for using Justia. The best way to avoid doing anything illegal is to create a Testament and specify what each inheritor shall get.

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

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... View 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... View 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... View 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.... View 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... View 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.... View 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 M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View More

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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