Legal Question in Family Law in Puerto Rico

Re: Parental Abduction and Custody

The police in Puerto Rico have no jurisdiction over the matter. The Georgia police does have jurisdiction. Therefore it is them who must prosecute this matter criminally. However this is not an opinion that PKA applies to your situation.

In the civil side, you could file a request for custody and a civil injunction in family court. Puertorrican courts retain jurisdiction over all puertorrican citizens for family law and civil status matters. Your best evidence is the flight ticket and the certificate of birth. You must have documentary evidence of the girl's presence in Puerto Rico, she must be going to a pediatric clinic regularly, as well as to school. You should gather and copy all of those records. You need a certificate from the school district where she assists, as well. If you don't have that documentation, asking for help is useless. Even a paid attorney will require such endeavours from you, Pro Bono litigants will not do your work for you. We are not all on vacation.

Use that documentation as well as testimony from your family and neighbors to establish the fact.

If you cannot find an attorney either through, Pro Bono, or Asistencia Legal de Puerto Rico, and Universities' Legal Aid Clinics, file a civil action in court, preferably, the superior court of your district. If you cannot pay an attorney it is the judge's discretion to appoint one for you, so request that he excercise that discretion. This matter will not be resolved in days or weeks. However the DEpartamento de la Familia has programs to ensure your child's safety. Help is available as well from your municipality as some have legal clinics for this situation.

I hope you get your daughter back as soon as possible.