English
EspañolWhat is custody and what types of custody are there?
Custody is the physical care of your child. This means having the authority to care for your child daily. In Puerto Rico, anyone can have custody as long as it’s in the best interest of the child. It can be one of the parents (sole custody), both parents (shared custody), a family member, or another person, even if the parents still have the parental authority (patria potestad) of the child.1
Sole custody
Custody can be awarded to just one parent under the following conditions:
- while the divorce or annulment process is pending;
- after the dissolution or annulment of the marriage; or
- when there are irreconcilable or consistent differences between you and the other parent that do not allow for the reasonable, responsible, and effective upbringing of your child.2
Shared custody
Shared custody is the responsibility of both parents to participate in raising the child, including meeting their duties, spending time with the child, and providing the care and attention expected of a responsible parent. Shared custody can look different in every case. Your child can live with you full-time and visit their other parent frequently, or they can spend some weeks or months with you and the rest with the other parent, for example.3
Puerto Rico public policy encourages shared custody. This means the judge has to consider this option.4 However, the most important factor in deciding if shared custody is the right alternative in your case will be the best interest of your child.1 For more information, see:
- How will a judge decide on custody and parental authority (patria potestad)?
- Can a parent who committed violence get custody or visitation? and
- When could shared custody not be granted?
1 See the Puerto Rico Judicial Branch website
2 31 L.P.R.A. § 7285
3 31 L.P.R.A. § 7281
4 31 L.P.R.A. § 7282
What is parental authority (patria potestad)?
Patria potestad, which can be loosely translated to parental authority, is the set of rights and duties parents have over their children and their children’s property while they are minors.1 You have the following rights and responsibilities as part of your parental authority:
- to look out for your children and have them with you;
- to feed them and provide what they need for their development and comprehensive education;
- to instill good habits and values as it relates to themselves and others;
- to discipline them in a reasonable and age and maturity-appropriate way; and
- to represent them in any actions that can benefit them or in which they are the defendant.2
1 31 L.P.R.A. § 7241
2 31 L.P.R.A. § 7242
What is visitation and how is it decided?
The non-custodial parent has the right to communicate, visit, and have their child with them. If you and the other parent cannot agree on a visitation schedule, the judge will decide how visitation will work and how often it will take place. If the physical or emotional health of your child is at risk if visitation were allowed, you can ask the judge to limit or suspend visitation.1
1 31 L.P.R.A. § 7331
