Legal Question in Family Law in Puerto Rico

children custody

My wife and I went to Puerto Rico for Vacation with our 20 month daugther. Both our parents live there. My wife now does not want to come back. Since we are not legally divorced or separated, can I just go over there and get my daughter without being accused of kidnap?. We currently live in Virginia.


Asked on 2/19/03, 2:45 pm

2 Answers from Attorneys
Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

Re: children custody

If there was no violence involved I would be inclined to think that you would be within your right to do so and then let her have her chance at a legal fight in VA. Nonetheless that is not the usual situation and most probably you will be slapped with a Law 54 order and suit. Temporary custody of the children will be awarded to her. You should try to see the case in VA if there is a long-arm statute in effect for family law and custody suits back there. If not, the local forum will usually award custody to the mother. Most probably, an immediate attempt at solving the situation will render a negative result for you.

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Answered on 2/19/03, 10:00 pm
Paul B. Ward Law Offices of Paul B. Ward

Re: children custody

Yes, you can, but it's probably not a good idea. Work it out with her, your parents and her parents. There's the welfare of a child at stake.

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Answered on 2/19/03, 3:35 pm


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