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Puerto Rico Family Law Questions & Answers
1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Puerto Rico on
Q: Can a single mother living in TX move to Puerto rico if child has dads last name but no court order custody?

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

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

2 Answers | Asked in Civil Litigation, Contracts, Estate Planning and Family Law for Puerto Rico on
Q: Uncle is trustee of family land. Dad passed, trustee didnt pass to his children. How can I get added to my family trust?

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.

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

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2 Answers | Asked in Family Law for Puerto Rico on
Q: My Daughter in law is 18,her mother wants to see her but she refuses to see her,can a judge obligate her to see her mom?

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

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
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

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1 Answer | Asked in Family Law for Puerto Rico on
Q: What's needed to request a parents medical records and permission to be notified in PR if spouse is Health Care Proxy.

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

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
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...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: If my son was award custody to me in the States? Why did no one help me to get him?

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

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
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

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2 Answers | Asked in Divorce, Family Law and Child Custody for Puerto Rico on
Q: As a 16 year old can I refuse to go to my dad’s house?

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

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
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.

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2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: If an 18 year old born in PR and moved to FL wants to move with Dad to PR, which still minor in PR, can he do it?

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

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
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

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1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: Child support - Child got in trouble with the law (drugs related) Child was thrown in jail from age 17. This voids CS?

Child was selling drugs, etc. He was caught and prosecuted for different offenses. If in jail, how does this work with child support?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
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

2 Answers | Asked in Family Law, Civil Rights and Constitutional Law for Puerto Rico on
Q: 20 yr old female living in Florida. I want to get married. But my father doesn’t approve. Can he force me go back to PR?

Thanks

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
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.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: Is it legal for my daughter who is 18 to just move with her grandparents in Puerto Rico?

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.

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

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1 Answer | Asked in Divorce and Family Law for Puerto Rico on
Q: Divorce decree

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

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
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.

2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: What rights do fathers have in custody cases?

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

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
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

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1 Answer | Asked in Child Support and Family Law for Puerto Rico on
Q: Child Support through ASUME in PR for 2 kids. the oldest recently came to live with me. How can I proceed about the CS?

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

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

2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: We're curious if we are currently living in the states and my husband pays child support here, would he still be.. oblig

Obligated to continue paying if we ended up moving to Puerto Rico? Because the age limit is entirely different from there.

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

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1 Answer | Asked in Family Law for Puerto Rico on
Q: My father is incapacitated. Do we need to prove to the courts who he is before we seek guardianship

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

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
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

1 Answer | Asked in Family Law for Puerto Rico on
Q: My mother can’t remember the day she got married and needs the marriage license. Any recommendations?

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

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
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

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
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,... View 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.... View More

Nelson Jose Francisco Alvarez-Aponte
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... View 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... View More

Nelson Jose Francisco Alvarez-Aponte
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... View 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.... View More

Nelson Jose Francisco Alvarez-Aponte
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.

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