Puerto Rico Petition for Notice to Minor to Nominate or Select Guardian

State:
Multi-State
Control #:
US-03326BG
Format:
Word; 
Rich Text
Instant download

Description

In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.

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FAQ

A guardian of a minor is a person that has the powers and responsibilities of a parent concerning the child's support, care, education, health, and welfare. A minor is a child under 18 years old. Guardians must at all times act in the child's best interests.

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.

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.

There is an agreement with the other parent that says they are a guardian, or. The parent regularly cares for their child. This may occur where a child is born after a short relationship where the parents did not live together, but both parents have been involved in the child's life.

The guardian should include the person in decisions to allow or limit contact if the person has the mental capacity to make an ?intelligent decision.? If the guardian denies contact, the person or another individual can petition the court for a contact order.

All minor children are subject to either parental responsibility or guardianship. Parental responsibility is exercised by the child's parents. Guardianship is exercised by someone who is not one of the child's parents.

There are safeguards for fathers such as the Supreme Court of Canada has ruled that a custodial parent cannot move away from the child's other parent without permission. Therefore, as a father, you are able to seek guardianship, decision making and parenting time.

Legal guardians have the same rights as biological parents, but a legal guardian is not always a child's mother or father and may or may not be related to a child by blood. For example, a grandparent might be appointed a child's legal guardian if for some reason a child's mother and father cannot care for a child.

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Puerto Rico Petition for Notice to Minor to Nominate or Select Guardian