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To terminate parental rights, a person, agency or institution must file a request in the chancery court of the county where the child lives. The mother, legal father and biological father become parties in the action, and the court appoints a guardian to oversee the child's interests temporarily.
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.
Desertion of a child under 3 years of age for 6 months, desertion of a child older than 3 years for 1 year, proof of a series of abusive incidents involving one or more child, the child has been in the care and custody of a licensed child care agency which has attempted to implement a plan of return and the parent has ...
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.
One way is through abuse and neglect proceedings. Another way that parental rights can be terminated is through abandonment. ?Abandonment? has a specific legal definition, and it must be proven in court for parental rights to be terminated.
Any parent who shall desert or wilfully neglect or refuse to provide for the support and maintenance of his or her child or children, including the natural parent of an illegitimate child or children wherein paternity has been established by law or when the natural parent has acknowledged paternity in writing, while ...
Abandonment The timeline to be considered abandonment is based on the child's age. A child under the age of three is considered abandoned by their parents if contact has not been made for at least six months. For children over the age of three, it is considered abandonment after a year.
Therefore, there is no time limit as to how long a father must be absent to lose his parental responsibility in respect of his child. The court will consider what is in the best interests of the child when making decisions about parental responsibility and contact arrangements.