Custody

The public policy of Puerto Rico is to promote, as a first option, joint custody so that both parents are responsible for the child as long as it is in the best interests of the child.¹ However, the judge could make a different decision regarding physical and legal custody based on what s/he believes is in the best interests of the child. The judge will consider any factor that s/he considers important to make a decision, including:

1. the mental health of both parents and of the child;
2. the level of responsibility or moral integrity of each parent;
3. if there has been a history of domestic violence;
4. the parents’ ability to fulfill the child’s emotional, moral, and financial current and future needs;
5. the relationship of each parent with the child before and after the separation or divorce;
6. the specific needs of each child;
7. the relationship of the child with his/her parents, siblings, and other members of the family;
8. the ability, availability, and commitment of the parents to raise the child jointly;
9. the reasons that the parent or parents are requesting shared legal and/or physical custody;
10. if the parents’ employment does or does not hinder shared custody;
11. if the location and distance between the parents’ homes can hinder the child’s education;
12. the communication between the parents and the ability to communicate directly or through other mechanisms; and
13. any other criteria that could be considered to guarantee a custody arrangement that is in the best interests of the child.²

The judge will also analyze if there’s “parental alienation” or any other reasons that are causing the child to resist having a relationship with his/her parents.³

¹ 32 L.P.R.A. § 3181
² 31 L.P.R.A. § 7283
³ 32 L.P.R.A. § 3185