Custody

Shared custody will not be considered beneficial and favorable for the best interest of the minor child when:

1. one of the parents is not interested in having shared custody;
2. in the opinion of a mental health professional, one of the parents has a mental handicap or deficiency that is not curable and will make it difficult for them to adequately protect the physical, mental, emotional, and sexual safety and integrity of the child;
3. the actions or inactions of one of the parents endanger or set a bad example for the minor child;
4. one of the parents, their spouse, or their intimate partner has been convicted of child abuse;
5. one of the parents is incarcerated;
6. one of the parents has a criminal conviction for “domestic violence,” as explained in What is the legal definition of domestic violence in Puerto Rico?
7. one of the parents has committed sexual abuse or any sexual crime against a minor child; and
8. one of the parents, their spouse, or their intimate partner, is addicted to illegal drugs or alcohol.¹

¹ 32 L.P.R.A. § 3187