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Omar Carmona-Sanchez
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Omar Carmona-Sanchez’s Answers

186 total


  • Can we get custody without hiring an attorney

    My husband found out he has a 3yr old daughter, however the mother signed over temporary custody to her parents. The Birth mother is willing to put him on the birth certificate, if we get him on his daughters birth certificate can he get the concu...

    Omar’s Answer

    You need to consult with a family attorney right away. As Mr. Feuerstein stated, being in the birth certificate does not grant the father any legal rights. The more he waits the more contested the case will be. He needs to file an action for Paternity and claim his rights. The mother signed over temporary custody to her parents; this custody is temporary. He must file his petition before the grandparents file an adoption petition. If he wants to be part of his daughter, time is of the essence. He needs to consult with an attorney and get moving fast. Good Luck.

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  • I live outside of the United States in Puerto Rico. My husband has filed a lawsuit, assuming for a divorce, in Puerto Rico.

    However, the papers have not been served. What are my options. He left our family to live in Florida almost two years ago and has not been regularly paying any support for our child who is ten years old. I would rather we work this out amicably ...

    Omar’s Answer

    If he filed in the FL and the children have never been in FL, the jurisdiction is over the children is in PR. Also, everything related to assets and debts located in PR can only be heard by a judge in PR. I completely agree with Mr. Coutere. Do not waste time and forget the whole thing about working these issues as a family. He will be asking for whatever is in his best interest, not yours. Whatever you agree now cannot be changed later unless substantial changes occurred later. Remember that child support in PR is until the children reach the age of 21 and they will use the income of his household (him and his future wife) for child support calculation. The children are under PR jurisdiction and he has been out of the PR for two years. The odd are in your favor in PR. Do yourself a huge favor and file for divorce in PR ASAP. Good Luck

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  • Voy a enviar mi formulario i-130 pero la copia de la partida de nacimiento es diferente a la que voy a llevar a la entrevista

    Buenos dias, Voy a enviar mi formulario i-130 pero la copia de la partida de nacimiento es diferente a la que voy a llevar a la entrevista porque el original de la copia que envio no aparece y se toma mas o menos 1 mes en tener la nueva y es un fo...

    Omar’s Answer

    A la entrevista no tiene que llevar nada que ya haya enviado. La I-130 no origina entrevista alguna hacia usted., Usted solicitó un ajuste de estatus? Pida el original y si puede esperar, envie la copia que es para evitar que el official que revise sus documentos le solicite una explicación. Buena suerte.

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  • I need a divorce lawyer?

    How do I know if I qualify for a simplified divorce? We have no asset just a 2 year old and we both agree to share custody!

    Omar’s Answer

    I agree with my colleague, Mrs. Drake. You have a child and the best interest of the child is in question. The divorce does not have to be painful and you can agree in almost everything. I strongly suggest you consult with an attorney to make sure that what you are agreeing is fair and is not going to cause you problems in the future. Keep in mind that if you want to change your parenting plan and/or child support in the future, there must be a substantial change for the court to hear your request. Do yourself a huge favor a meet with an attorney. Good Luck.

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  • Which state can put in a child custody order? My son was born and resides here in Florida. He has never lived anywhere else.

    My child's father is threatening to sue me for custody. He says he is going to court in Puerto Rico (where he just moved back to). He isn't on the birth certificate and we were never married. I was told that he has to file here, because this is my...

    Omar’s Answer

    I agree with attorney Arroyo. Do not waste any sleep on this. Even if he files a case in PR (he can do this by drafting something and filing it with clerk of court), the court does not have personal or subject matter jurisdiction.

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  • Where can I find forms online to petition for custody of a minor child in puerto rico?

    I would like to file for custody of a child, which courthouse do I need to work with? Which forms can I use? Are the forms online?

    Omar’s Answer

    I agree with attorney Santiago. You first need to know in what town or city the child resides. Puerto Rico has many courthouses, just like any states. These forms are not normally found on line and if you are really considering filing a petition for custody in PR you seriously should considered retaining the services of an attorney license in Puerto Rico. Good Luck.

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  • When filing notice for trial how many hours should i put for time needed to present case?

    Its for parenting plan/time sharing. i honestly think an hour is too long, but maybe 2 hours would be sufficient?

    Omar’s Answer

    Talk to the other side to see if you agree on the amount of hours. If he/she is not responsive, then put the hours you think the trial could take. It all depends on the issues that are going to trial and the number of witness that are going to testify. If the issues going to trial are parenting and time-sharing, I will ask for at least four (4) hours. The Court will take testimony from both parties and then the judge might revise the child support. You want to have the right time to present your case. This is your day in Court, you don’t want to be rushing or be cut off by the judge because you are running of time. Good Luck.

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  • My mother has property in Puerto Rico, husband passed away without will.

    I need to sale the property to take care of my mother. I know the rules about the split for all heirs when a will is not available. I have signed the necessary paper for the sale of property but the children of her deceased husband are taking th...

    Omar’s Answer

    Don’t wait for someone to do something. Hire an attorney licensed in Puerto Rico to file the proper documents to start a probate proceeding. This is very common in PR with inheritance, family members don’t do anything and cases take many years to resolve. The quick you start the faster you will get to the partition. In PR, the party who started the process will be entitled to be reimbursed for part of the attorney’s fees and cost. Good luck.

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  • How does inheritance work in puerto rico and where do I stand

    I'm moving to my mothers house in puerto rico the house was built by my father who passed and my mother has been living in the states my brothers were in the house never fixed anything and let the house go to deplorable condition. I want to fix th...

    Omar’s Answer

    Puerto Rico inheritance law is very specific and it is ruled by the civil code of Puerto Rico. Your mother cannot put you or anybody else in the deed; she is only entitled (if she was in the deed with your father) to half of the property. Therefore, you and your brothers are only entitled (in equal shares) to half of the property. When your mom dies, you and your brothers will be entitled in equal shares of that portion. If you keep the property and protected it, you will be entitled to a credit at the moment of distribution. If there is a Will, what I wrote above could change.

    If you don’t want to sell the property, then you need to buy out your brothers’ interest.

    Contact an attorney who is licensed in PR. Good Luck.

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  • I need help with mediation. I live up north, but I'm getting divorced in Florida.

    Can I hire an attorney to go to mediation for me, if I can't make it to Florida for the mediation? I would like someone there to represent my interests.

    Omar’s Answer

    Because you live out state, you can request to appear by phone to your mediation. You will need access to a fax machine to received, sign and send back the agreement, if you reach one. Hiring an attorney will make thing more smooth, your rights better protected and the changes of your appearing by phone are higher. Consult with an attorney. Good luck

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