The following form is a Property Settlement and Joint Custody Agreement.
The following form is a Property Settlement and Joint Custody Agreement.
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Child support can be requested through the Court of First Instance or through the Child Support Administration (ASUME, by its Spanish acronym), an agency under the Executive Branch of the government of Puerto Rico. Both the judicial and the administrative forums have concurrent jurisdiction over these matters.
Parents with sole custody are granted permission to travel out of country with their children without permission from the child's other parent. However, to do so, the parent with sole custody must show the court-ordered custody arrangement to obtain the child's passport.
Initially, a judge can order temporary custody of the child and then later make a final decision with regard to the wellbeing of the child. A lawyer with experience in custody matters in Puerto Rico can advise you as to which petition to file and how the process will likely go in your specific situation.
In Puerto Rico, joint custody was established as public policy. Thus, courts must consider this type of arrangement as the first option in cases in which custody is in dispute. However, the most important factor for determining custody will always be the welfare of the underage or incapacitated child.
As for paternity, of the married woman's spouse is presumed to be the father of the children born during the marriage or within 300 days following the dissolution of the marriage. In addition, paternity is presumed when the child is voluntarily acknowledged.