Puerto Rico Custody Agreement, also known as a Puerto Rico Child Custody Agreement, is a legal document that outlines the terms and conditions for the custody and visitation of a child or children in Puerto Rico. It serves to establish the rights and responsibilities of each parent or guardian involved in the agreement, ensuring the best interests of the child are taken into consideration. In Puerto Rico, there are primarily two types of custody agreements: joint custody and sole custody. 1. Joint Custody Agreement: This type of agreement is typically preferred as it promotes a collaborative approach between the parents to share both legal and physical custody of the child. Joint custody ensures that both parents have equal rights and responsibilities in making important decisions regarding the child's welfare, education, healthcare, and upbringing. It acknowledges the importance of maintaining a meaningful relationship between the child and both parents. 2. Sole Custody Agreement: In Puerto Rico, sole custody may be granted to one parent if it is determined to be in the best interest of the child. This agreement grants one parent legal and physical custody of the child, giving them the authority to make all major decisions concerning the child without consulting the noncustodial parent. The noncustodial parent may be given visitation rights or specific visitation schedules. However, it's important to note that Puerto Rico also recognizes the concept of shared custody or "custodial compared" in certain cases. This arrangement allows for both parents to have roughly equal time with the child, considering factors such as the child's best interests, parental involvement, and cooperation between the parents. Thus, in addition to joint and sole custody agreements, shared custody arrangements may also be considered. Overall, a Puerto Rico Custody Agreement aims to establish a fair and mutually agreeable arrangement for the care and upbringing of the child, ensuring that both parents' rights and responsibilities are respected while prioritizing the child's well-being. It is crucial for parents to seek legal advice and guidance from a qualified attorney specializing in Puerto Rico family law to ensure their custody agreement complies with the local legal requirements and safeguards the best interests of the child.
Puerto Rico Custody Agreement
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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.
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.
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.
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.
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.
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.
21 years of age.