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He threatened me that he would call the police and get me arrested for kidnapping, he doesn't want the baby to leave. What is the law on this? Could I get in trouble? What can I do to prevent this issue? We are not married and I've been the one with her always. No custody by court, but I... View More 
answered on Dec 26, 2019
Hello and thank you for using Justia. You have physical custody and as such can leave. However he does have parental rights and as such can file in court for visitation rights. The child also has rights to receive financial support from biological father. The best way to handle this situatión is... View More
Can a single mother be acussed of kidnaping her own child if theres no court custody order in texas and wants to get away moving to Puerto rico without permission due to emotional abuse from father Constantly being threatned with taking child from her, and constantly recording her to create a case.... View More
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answered on Dec 22, 2019
If there's no custody order at the moment and given some extraordinary situations, emotional abuse being one of those, you can travel to Puerto Rico with your kid and file for custody after 6 moths of living in here or request an emergency hearing where you can prove with legal assistance your... View More
Uncle is real estate agent and has created a trust to place all siblings portions of the land into. However as my father has passed no action was taken by the trustee to include his children. He was not married and died in Puerto Rico. I sense my inheritence is being robbed by my dads siblings.
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answered on Nov 30, 2019
If you're member of a trust where your uncle included everyone of your siblings, including yourself, chances are that this was perpetuated by a procedure in a Court of law. Feel free to give us a call and contact our offices.
Her mom took my son to court saying he won't let her visit but this isn't true,only not at our home because she is a problem person
answered on Nov 24, 2019
Hello and thank you for using JUSTIA. Being a minor of 18 years old the Mother still has legal custody over her. Unless your son and her are legally married or she is legally emancipated, your daughter in law is still a minor under the custody of her parents. It is very unlikely that a Judge will... View More
My wifes father is in Hospice (because doctors decided to stop treatment) in the VA in San Juan, PR. He lives there and we live in New York but currently down in PR. His wife, not our parent is the health care proxy and is trying to shut out his 3 daughters. She even filed a complaint at the... View More
answered on Nov 13, 2019
Hello and thank you for using JUSTIA. In order for anyone to get the récords of a veteran, you need written authorization from said veteran. The document needed is found at the following link;
https://www.va.gov/vaforms/medical/pdf/vha-10-5345a-fill.pdf
This Will allow you to... View More
I had my son and his lived in VA for over 9 month. He visit and his mother left to PR with him. VA had jurisdiction over my son when I file my paperwork. Court was a year late. I won custody of my in the states. I went to Puerto Rico to pick him up. And not one did anything to help me retrieve my... View More
answered on Nov 6, 2019
Hello and thank you for using JUSTIA. The applicable law in this matter is the Uniforme Interstate Family Support Act (UIFSA) which basically establishes that the first state which issues a Judicial determination of custody shall retain the jurisdiction over said matter. Thus if Virginia had legal... View More
My parents have joint custody, I’m on week with my mom I’m Humacao, and another with my dad in Caguas. I’ve been trying to convince my mother to ask for full custody for over two years now but she always puts it off. At this point in desperate, can I just decide not to go to my dads house? My... View More
answered on Nov 2, 2019
Hello and thank you for using JUSTIA. No you cannot decide but your opinión does count. The Court will take your opinión into consideration but only if your Mother requests full custody.
Dad agreed signed for her son to move with Mom to FL, but he turned 18 and wants to move back to PR. He is a young adult with Asperger (fully functional). Would it be better for the lawyer to be hired in FL or PR to fight the custody? Will he still considered a minor in PR until the age of 21 and... View More
answered on Oct 25, 2019
Hello and thank you for using JUSTIA. The jurisdiction over the custody matter belongs to Puerto Rico since the original custody case was filed in Puerto Rico when the Father authorized the Mother to have custody as per the Uniform Interstate Family Support Act (UIFSA). This would render your son a... View More
Child was selling drugs, etc. He was caught and prosecuted for different offenses. If in jail, how does this work with child support?
answered on Sep 29, 2019
Hello and thank you for using JUSTIA. The child is still a minor and has a legal right to receive child support Even if he is in jail. The differences now is that said child support payments will be maid to the party whom has his custody thus the Juveniles Corrections Department in the child's... View More
Thanks
answered on Sep 3, 2019
Hello and thank you for using JUSTIA. In the state of Florida the legal age of majority is 18. Since you are a resident of over said age you are legally emancipated and thus are an adult byou can legally marry your boyfriend without your father's consent. You are of legal age.
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
My dad can go to court where I got divorced in Puerto Rico and request a divorce decree for me.
Do I have to send any written permission to request it? I live in usa
answered on Aug 6, 2019
Hello and thank you for using JUSTIA. In order for you to get a divorce decree, you must request it personally since these cases are prívate. You will need to contact the Court to find out exactly what is needed for you to authorized your father to receive a copy of said decree.
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
I pay Child Support for 2 kids through ASUME in PR, but I'm located in TX. My kids have been living in CT for the last 5 years. My daughter is about to be eighteen, and came to live with me after her High School Graduation, but my son stayed with the Custodial Parent. How can I proceed to... View More
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answered on Jul 8, 2019
You and the family lawyer that you hire will have to file the correspondent ASUME claims and allegations in your original case in Puerto Rico.
Obligated to continue paying if we ended up moving to Puerto Rico? Because the age limit is entirely different from there.
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answered on Jul 8, 2019
If you were to close the child support case in the State that you're actually have your legal residence and move to Puerto Rico while your child is legally underage (under 21 years of age) in the jurisdiction of Puerto Rico, given other requirements, you should be able to hire legal... View More
My father is 95 and we think he may have dementia. He can't take care of himself. He is living in an adult care facility. He doesn't remember his children. His wife just recently passed away. His children all live in the states. My oldest brother has decided to move to Puerto Rico to seek... View More
answered on Jul 1, 2019
Hello and thank you for using JUSTIA. You will need to hire an Attorney in Puerto Rico for the process of guardianship. There has to be a record of his birth registered somewhere since he has kids and had a wife so he does exist. Normally these birth certificate from 1920's can be found in the... View More
She was married in Puerto Rico and unless she know the date no one can help her. Without it she can’t get her ID. No idea what to do
answered on Jun 24, 2019
Hello and thank you for using JUSTIA. Yes you can attempt to remember the year, month, town, church, place of reception, who Made the cake, catering service, original bank account date, purchase of marital house, social security information, life insurances policies, medical insurance policies,... View More
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?
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,... View More
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.... View More
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... View More
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... View More
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... View More
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