How and where do I file for legal custody (patria potestad), custody, or visitation?
You can file a petition for legal custody, custody, or visitation in the superior court closest to where the child lives.1
If you are going through a divorce proceeding and you and your spouse cannot agree on custody and visitation of the child, usually the judge will make a decision as part of the divorce proceeding. Initially, a judge can order temporary custody of the child and then later make a final decision with regard to the wellbeing of the child.2
A lawyer with experience in custody matters in Puerto Rico can advise you as to which petition to file and how the process will likely go in your specific situation. On our PR Finding a Lawyer page, you can find lawyers in Puerto Rico, some of whom provide services at low or no cost for people who qualify.
1 32a L.P.R.A. AP. V § 3.5
2 Art. 446 & Art. 462, 2020 Puerto Rico Civil Code