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Puerto Rico Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Puerto Rico on
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

from Puerto rico

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 14, 2018

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... View More

2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
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?

Ex-spouse wants to see ex-in-laws will but there's no will, now she wants to see the declaration of heirs, nor her nor the children are mentioned in it nor did they inherit anything, do I have to provide it? Me and my siblings don't want to as it is none of her business, we divorced in... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 11, 2018

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... View More

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1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: My husband's son lives in Puerto Rico and they do not have a custody arrangement. How can he file for custody?

The son is living in very bad conditions due to the recent hurricane, can he file emergency custody?

Naomi Jusino
Naomi Jusino
answered on May 8, 2018

Dear reader:

To file a custody or visitations case, you will have to file in the court of the area where the child lives.

1 Answer | Asked in Child Custody and Family Law for Puerto Rico on
Q: What are the rights of the father when your child was born out of marriage? Who would have the custody ?In Puerto Rico .

What are the rights of the father when your child was born out of marriage? Who would have the custody ?In Puerto Rico . I asked since I just move to the US with out father's awareness

Naomi Jusino
Naomi Jusino
answered on May 8, 2018

Dear reader:

In Puerto Rico a child born outside a marriage has the same rights as one born during marriage.

The legal custody is established by the court.

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: Where does child support goes to the state or the mom in puerto rico if I start paying childsupport & I'm behind 4000
Naomi Jusino
Naomi Jusino
answered on Dec 21, 2017

Hi,

All the money for alimony is deposited in a child support (ASUME) account in Puerto Rico and it goes directly to the mother or father with custody of the child.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Puerto Rico on
Q: Are there any resources in PR for dealing with Parental Alienation issues?

http://www.duhaime.org/LegalDictionary/P/ParentalAlienation.aspx

Naomi Jusino
Naomi Jusino
answered on Nov 9, 2017

Yes.

Under a case of custody or visitations you can allege Parental Alienation.

1 Answer | Asked in Adoption and Family Law for Puerto Rico on
Q: I adopted my step daughter in FL how do change her birth certificate in Puerto Rico
Naomi Jusino
Naomi Jusino
answered on Sep 8, 2017

Hi,

If you want to change the information in a birth certificate issued by the demographic registry in Puerto Rico, you will need to file a case about change of name of correction of birth certificate in the district court where the child was born. You will need to state why you request the...
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1 Answer | Asked in Family Law, Real Estate Law and Probate for Puerto Rico on
Q: hello I and my older brother and sister received an inheritance. Since I was away for a long time neither sibling will

let me know about the inheritance...what can I do about it

Ramon  Olivencia
Ramon Olivencia
answered on Aug 3, 2017

You could first try to see if there was any court case filed either through the judicial system per se or by contacting an attorney.

1 Answer | Asked in Family Law for Puerto Rico on
Q: I own half of my house with my husband but we have separate bank accounts and credit cards.

If we divorce, do I have to give half of my money?

Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

Under the laws of Puerto Rico, the answer is yes. If you married your husband without a prenuptial agreement, all of what you have (assets and debts) will be divided by half during a divorce. Otherwise, if you signed a prenuptial agreement, the division will be different.

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: What are my rights as a mother that wants to leave Puerto Rico but the father does not want to sign the permissions?

I'm unemployed to have nothing going for me here to give my son. I would like to leave to the United States to give my son a better life, education, ECT. I really need help on finding out what I should do so I can leave or if I could leave..

Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

Hi,

Even if the father doesn't gives you the permission to leave Puerto Rico, you can file a case of Custody and transfer of the minor to the US. This will take a while if the father doesn't consent quickly, but the Court will initiate an evaluation of the new residence of the...
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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Puerto Rico on
Q: What steps are required to transfer everything into mine and sister's names if mother recently passed w/o a will?

Must the lawyer have copies of checking/saving account info, etc. to complete this process? Can you give an approximate cost to complete the process? I have been told a wide variety of costs and am quite confused about this whole process.

Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

Hi,

If your mother passed without a will, and if she left estate in Puerto Rico, you will need to initiate a process of Declaration of Heirs. For this process you will need to file a Petition in the court with jurisdiction, present evidence of the Death Certificate, if she was married a...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: My ex doesn't want to send my daughter with me over summer vacation from FL. We signed an agreement. What can I do?

We signed an agreement when she decided to move from PR over to Florida at her lawyers office. The agreement established the pension I send her, it established my approval to move to Florida and my rights to have my daughter 1 month over summer vacation. She came during Christmas break as a... View More

Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

For all you state, you have the right to enforce all you have settled with you daughter's mother.

You have right of visitation and spend time with her as the agreement signed. If she doesn't comply, you can require her through Court in Puerto Rico and a judge may order her to...
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1 Answer | Asked in Family Law, Real Estate Law, Land Use & Zoning and Probate for Puerto Rico on
Q: Does one need a signed affidavit from a lawyer to transfer name of ownership on a burial plot when owner has died?

My grandfather bought burial plots for him and my grandmother in the 80's in Puerto Rico. My grandfather passed away 2012 in Puerto Rico. My grandmother passed away two days ago in Puerto Rico. When I went to the cemetery in PR to make arrangements for my grandmother, I was told I need a... View More

Naomi Jusino
Naomi Jusino
answered on Oct 31, 2016

Yes, is true.

In Puerto Rico, when a person passes away, if he/she didn't made a Will, the heirs will need to make a Declaration of Heirs. As the process takes time, the cemetery will require an affidavit establishing who are heirs of the person and that they authorize the use of the burial plot.

1 Answer | Asked in Family Law, Civil Rights and Education Law for Puerto Rico on
Q: Do you know of any case about Homeschooling recently?

I would like to know if there is any recent case about a violation to the right of the parents to homeschool their children.

Naomi Jusino
Naomi Jusino
answered on Oct 31, 2016

No, in Puerto Rico there is no recent case.

1 Answer | Asked in Family Law for Puerto Rico on
Q: My Mother passed and her husband has kids from previous marriage, by remarrying , how does it change our inheritance?

I understand that 1/2 the house by inheritance belongs to my Sister and I, (he has 4 kids of his own), he is speaking of remarrying, how does that change our inheritance at his passing?The house is located in Puerto Rico. We get along great with our step Dad but we have concerns since he is... View More

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers
answered on Oct 1, 2014

In general you inherit just from your parents. In Puerto Rico the law provide for forced heirs. These are, in general, your children and the grandchildren, etc. The children from other relations of your spouse are not your forced heirs. You should make a will (testament) to include those children... View More

1 Answer | Asked in Family Law for Puerto Rico on
Q: Is "execuatur" needed if I got sole custody & physical placement of my kids through the RI family court stipulation; PR?

I live in PR; my wife lived in RI with my two kids but got arrested for 3 felony charges. I went to family court and she agreed to give me sole custody and physical placement, plus I asked for a 2 year restraining order against her on behalf of the kids. Thing is the stipulation document with the... View More

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers
answered on Oct 1, 2014

If the document is not a private document, but a court order, it is necessary the execuator procedure to validate that court order in PR. That process is in the Civil Procedure Rules. In most, if not in all jurisdictions, is such a procedure for the validation of court rulings, orders, etc., from... View More

1 Answer | Asked in Family Law for Puerto Rico on
Q: My wife and I are not legally divorced she left PR to love in fl with her mom and took my 2 yr. She lied and left to see

Her boyfriend in the Dominican Republic leaving my son sick and without diapers I took the next plane to pick him up now 4 months later she wants him back what can I do?.

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers
answered on Oct 1, 2014

You should file a provisional custody case in court ASAP. Contact a family lawyer or any Legal Services organization. Do it before she makes any allegations and complaints against you before the any law and order authority or in court. In addition, address the legal issue of your separation.

1 Answer | Asked in Family Law for Puerto Rico on
Q: We got divorced in PR with 2 kids she remarried and so I did and i have a baby with my new wife. Can I reducemychildsupp

Getting out of military in 8 months, can she make my wife pay my child support if I don't find a job

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers
answered on Oct 1, 2014

There are few questions here.

The only way to determine if you can reduce your payment for child support is thru a new child support calculation process, counting in the new facts: new marriages and new son.

If the new spouse can be responsible for paying child support for you, it...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: Can and how can I give up my part of the inheritance which I don't want any part of from Florida where I live?

My mother past away and her brother and sisters are trying to divide their inheritance in Puerto Rico and obtain a title for each one, we are four brother and sisters for my mother's part. Can and how can I resign on my part of the inheritance which I don't want any part of from Florida... View More

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers
answered on Jan 17, 2013

In general, In Puerto Rico, for resign your part of the inheritance it has to be thru a public document before a Notary Public. If you are out of Puerto Rico, you have the option to give a Power of Attorney for sign the public document before the Notary Public.

1 Answer | Asked in Family Law for Puerto Rico on
Q: What is the law for a 19 yr old who did not have permission to stay in another state?
Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers
answered on Dec 4, 2012

In general, see Puerto Rico Civil Code, art. 25 (31 L.P.R.A. §82); Art. 247(31 L.P.R.A. §901).

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