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Puerto Rico Questions & Answers
1 Answer | Asked in Child Custody for Puerto Rico on
Q: How long does it take for child visitation rights to be resolved in Puerto Rico?

I was wondering typically how long does it take to establish the child visitation rights for the father of the child in question? The process for the local visitation has started this month, January. I was also wondering if the process of establishing set visitation days dictated by court order for... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 10, 2019

Hello and thank you for using JUSTIA. The process all depends on the complexity of the parties to the case. If both parties are in agreement then the time span is usually one month. However if the parties are not in agreement then the case can take time. Usually the court dates are every two to... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: im trying to purchase a property in puerto rico. They are selling it to me for 30k cash. how can i avoid using a lawyer?

its a family to family sale. i just want to know which documents i should ask for before the transaction. or can i just hire a lawyer to complete the paper work.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 4, 2019

Happy holidays and thank you for using JUSTIA. You will need to hire an attorney/notary public to complete the sale any how since all sales of real estate property have to be done in public deed and only an attorney/notary public can create a public deed. The attorney will request or search for all... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: when the impose the $$ of child support my ex didnt work and she started working a few months after, how i change it ?

I have 2 children, one is 21 attending college in PR and a 17 year that lives with me. When I got divorced the judge impose certain amount for child support for my older son and i dont received anything from her for my youngest son because she was not working when we got divorce and they imposed... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 4, 2019

Happy holidays and thank you for using JUSTIA. You will need to file a petition to eliminate child support for the eldest since he is the one whom needs to claim for support from both parents. The mother has no right to claim on his behalf. The second thing you need to do is to file a petition for... View More

1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
Q: Hi there, my daughter lives in PR. Is there something I can pursue or file that could postpone her return for 6mos?

As in, I want to file where I live after making the case for residency for a fair review of custody (and avoid alienation). Also some explanation of the power of asume would be helpful too.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 4, 2019

Happy holidays and thank you for using JUSTIA. You can file for joint custody or full custody. Since your daughter lives in Puerto Rico you should verify if any custody ruling has been set in Puerto Rico. If not, then you can file in your home state. As for ASUME this is a child support agency that... View More

1 Answer | Asked in Divorce for Puerto Rico on
Q: Husband wants to file irreconcilable, 3 properties involved septd. 13yrs, wants properties in US, specify rights

husband lives in Florida, properties in NJ and FLA, PR, married over 21 yrs. husband filing irreconcilable wants USA properties. my rights?. I live in PR. I have no significant income to pay lawyer. left me because I am in PR caring for parents with dementia, cannot leave them. lives with other... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 4, 2019

Happy holidays and thank you for using JUSTIA. Local law under this filing does not divide marital property thus a seperate claim has to be filed. You should consult an attorney and file divorce for infidelity. You have full rights to 50% of all marital goods. You also have the right to request... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Q: i live in the us and my son lives with his mom in PR am I responsible for both flights to see my son or is it half?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Dec 12, 2018

Hello and thank you for using JUSTIA. If your son travels then both parents cover the costs half and half of his travel expenses. Since this is not the case, I am afraid that you will have to pay both flights unless you come to an accord with the child's mother. There is nothing in the laws... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Puerto Rico on
Q: my father passed away 5 years ago. mom wants to sell the house but she has 9 kids. one son is dead and we can't find his

son. does mom really need to have copies of all the birth certificates plus the birth certificate of her dead son's son. Since mom cannot find her grandson can she still sell the house?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Dec 8, 2018

Hello and thank you for using JUSTIA. Yes your Mother needs to create your beloved Father's estate. Only your Father's children need to be mentioned in the petition to create the estate so only thier perspective birth certificates are needed. If the deceased son was from your Father then... View More

1 Answer | Asked in Family Law for Puerto Rico on
Q: I currently live in Virginia and Im Pregnant. The father and I are not together. Can I still move to Puerto Rico?

Can he stop me?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Dec 3, 2018

Hello and thank you for using JUSTICIA,

1 Answer | Asked in Family Law for Puerto Rico on
Q: can I leave PR with my 2 children to the states My boyfriend won’t consent and he is holding me hostage, what can I do

If I call the police he will hurt me

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Dec 3, 2018

Hello and thank you for using Justia. You were suppose to leave from Aguadilla airport yesterday (saturday) to your brothers house. Your sister in law is very worried. You can call me for help with your situation.

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: Can someone who is 19 move away from there parents in PR? is the age 21? What if she moves to the states does it change?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Dec 1, 2018

Hello and thank you for using JUSTIA. Anybody under the age of 21 and a legal resident of Puerto Rico is a minor under law and therefore is under the guidance and regulations of the parents that have custody. A minor cannot move away without parental consent and the fact that she moves to a state... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Is a property owner required to register the deed after an all cash purchase?

I have been property shopping in PR and keep coming across owners who have not registered their deeds which makes me nervous about a clean and clear title. Am I right to be concerned? Is this common practice?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Nov 27, 2018

Hello and thank you for using JUSTIA. The only way to have protection of a clear and clean title to a property is by the Registry of Property. It is not common practice to not have your ownership registered. However there are certain areas in Puerto Rico where properties are not registered due to... View More

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Puerto Rico on
Q: on October 23rd at 2am I was hit on my drivers side by a Toyota highlander .I had the right away the light was green.

my Toyota siena has in damages 4,000 in parts alone.if i keep my van they will pay 1,5oo if i turn in my van they will pay 2,900 dollars.they ignored the police report that states he ran the red light,there are two witness.what can i do to get what i deserve?

Tim Akpinar
Tim Akpinar
answered on Nov 26, 2018

Based on your facts, it appears that the other driver was at fault. You could consult with an attorney in Puerto Rico to discuss what your next step would be in light of the other side’s refusal to acknowledge the police report and testimony from two witnesses. Try to find out if there were any... View More

1 Answer | Asked in Contracts, Civil Litigation, Landlord - Tenant and Small Claims for Puerto Rico on
Q: How much does it cost to file a small claims case in Boquerón, Puerto Rico?

Is it proper to file in small claims court to be released from a rental contract paid 1 year in advance? There was a breach of contract by landlord. We're looking to get our rental fees for the rest of the term of contract.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Nov 15, 2018

Hello and thank you for using JUSTIA. The case needs to be filed in the district court due to the amount and matter being claimed. You would file a breach of contract case. The costs are $750.00 retainer and 20% of the amount recovered. The amount placed by the court as legal fees would be... View More

1 Answer | Asked in Child Support and Family Law for Puerto Rico on
Q: I’m 20 years old and I am receiving child support. I have no plans of going to college. I want to terminate my child

Support. Does it end automatically when I turn 21? What are the steps I need to take in order to terminate?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Nov 13, 2018

Hello and thank you for using JUSTIA. No child support does not automatically end when you turn twenty one. The person paying the child support must file a motion in court requesting that the child support order be eliminated. Child support payments must continue until the court issues a ruling on... View More

1 Answer | Asked in Car Accidents for Puerto Rico on
Q: on October 23 at 2.00am I was struck by a Toyota outlander on the drivers side.he he ran a read light is he libal

the insurance company says if he wount admit he was the cause they would pay less of the insurance the police report states he ran a red light the lady who attened me ignored the police report there were two witness.

Naomi Jusino
Naomi Jusino
answered on Nov 13, 2018

Dear Reader,

Yes, he is liable. You have one year after the accident to file your complaint in Puerto Rico.

1 Answer | Asked in Bankruptcy for Puerto Rico on
Q: What would non-exempt property be in a chapter 7 bankruptcy?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 9, 2018

As Puerto Rico is part of the third circuit, you would follow the federal exemptions listed in the bankruptcy code. https://www.law.cornell.edu/uscode/text/11/522

1 Answer | Asked in Child Support for Puerto Rico on
Q: If the custody to your child has beem taken away, does the non custody parent pays child suppor?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Nov 6, 2018

Hello and thank you for using JUSTIA. Yes the non-custodial parent has to pay child support if the custodial parent goes to court and request said support. The amount is based on a combined income of both parents and the childs needs. If you need additional information or assistance with this or... View More

1 Answer | Asked in Contracts and Civil Litigation for Puerto Rico on
Q: J&W Grading shiped my equipment to Puerto Rico thru trailer bridge barges never worked and can’t get equipment back

Barges unlimited is holding my equipment and my equipment was never on there barges. I have three broken contracts never made a dime and now missing 200.00 an hour in Florida because I can’t get my equipment out of San Juan

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Oct 22, 2018

Good afternoon and thank you for using JUSTIA. You will need to file a judicial claim against all involved inorder to get youŕ equipment returned /or sent to its destination and claim your economical losses. This entails hiring an attorney to file claim. If you need additional information or... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Puerto Rico on
Q: If I am a renter in Puerto Rico and my landlord doesn’t help fix things in apartment how can I leave the contract?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Oct 22, 2018

Good afternoon and thank you for using JUSTIA. The landlord is required by law to repair certain fixtures of said property. You can either use the rental payment to do the repairs or you can notify the landlord that you intend to move at the end of the next month if said needed repairs are not... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: Child support PR. Kid 19 move from PR to US to live alone and has a job. Child support stop?

His mom can continue receive child support by his son without live with her? He move from PR to US to live alone and has a job. The minor is independence. What I need to do any motion?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Oct 22, 2018

Good afternoon and thank you for using JUSTIA. The child support payment is for the expenses of the child. If the child is no longer with the mother then you must file a court motion stating that the child is no longer in Puerto Rico nor living with the mother and as such you request that child... View More

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