This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Puerto Rico USLegal Guide to Temporary Custody
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US-GDE-05
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FAQ
In Puerto Rico, child support takes into account the income from the parent's spouse. If one or both of the parents have a spouse, the spouse's income is factored into the amount the parent will pay for child support.
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.
21 years of age.
Laws tit. 31, § 385. If any of the spouses does not have sufficient means for subsistence once the divorce is decreed on any of the grounds established in § 321 of this title, the Court of First Instance may assign alimony, [at] its discretion, from the income, earnings, salary or property of the other spouse.
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.
21 years of age. A minor may be emancipated prior to reaching the age of majority by virtue of marriage, judicial decree (based on orphaned self-support status), or parental consent, if child is beyond 18 years old.
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.
