Can he file in Puerto Rico?

[pregnant2014]

What is the name of your state (only U.S. law)? Puerto Rico and New York

Thank you for your time in advance.

Last summer I gave birth to my daughter. My ex, her father, refused to come to the hospital or sign the BC. I decided to let it go, as I do not need his help or child support. The father recently moved back to Puerto Rico, where his family lives. My daughter was born in NY, and we have lived in NY since she was born.

My question is, can he file for custody in Puerto Rico if he decides he wants to be involved? Would he have to serve me? What if he does not know my current address? Can he lie and say the child lives in Puerto Rico? Can anyone find a blank petitions for child custody for Puerto Rico? Is there a way to search to see if there has been a case filed in Puerto Rico? I had trouble finding those documents and links online.

Thanks in advance.

 

[LdiJ]

What is the name of your state (only U.S. law)? Puerto Rico and New York

Thank you for your time in advance.

Last summer I gave birth to my daughter. My ex, her father, refused to come to the hospital or sign the BC. I decided to let it go, as I do not need his help or child support. The father recently moved back to Puerto Rico, where his family lives. My daughter was born in NY, and we have lived in NY since she was born.

My question is, can he file for custody in Puerto Rico if he decides he wants to be involved? Would he have to serve me? What if he does not know my current address? Can he lie and say the child lives in Puerto Rico? Can anyone find a blank petitions for child custody for Puerto Rico? Is there a way to search to see if there has been a case filed in Puerto Rico? I had trouble finding those documents and links online.

Thanks in advance.

No, he cannot do that because the child is not a resident of Puerto Rico.

On top of that, because he is not legally the child's father, he would have to establish paternity first, and that would take a DNA test. Therefore he could not even lie to the courts in Puerto Rico to attempt to obtain custody there, because there is no proof that any child exists to whom he could be the father...and he cannot produce a child for a DNA test in Puerto Rico.

You really have nothing to worry about at this point.

 

[pregnant2014]

No, he cannot do that because the child is not a resident of Puerto Rico.

On top of that, because he is not legally the child's father, he would have to establish paternity first, and that would take a DNA test. Therefore he could not even lie to the courts in Puerto Rico to attempt to obtain custody there, because there is no proof that any child exists to whom he could be the father...and he cannot produce a child for a DNA test in Puerto Rico.

You really have nothing to worry about at this point.

So he can not use emails I sent to him admitting he is the father, correct? He would have to file here?
Thank you.

 

[Ohiogal]

So he can not use emails I sent to him admitting he is the father, correct? He would have to file here?
Thank you.

You stating he is the father, does not make it so.

 

[pregnant2014]

You stating he is the father, does not make it so.

I didn't think so, but did not want to assume. Thank you! So would you agree with the other poster?

 

[Silverplum]

I didn't think so, but did not want to assume. Thank you! So would you agree with the other poster?

Ohiogal is a family law attorney. The other poster, LdiJ, is correct.