Can legal custody (patria potestad) be taken away from one of the parents?
A parent could temporarily or permanently1 lose legal custody of his/her child based on a number of circumstances, including:
- abandoning the child without a good reason to do so (“just cause”);
- putting the child at risk of emotional, mental, and physical harm or letting someone else inflict that harm on the child; or
- a criminal conviction for certain crimes, including:
- child abuse;
- not paying child support;
- domestic violence;
- sexual assault;
- kidnapping; and
- illegal restriction of custody rights; and
- any of the additional reasons listed in Article 615 of the law.2
Note: A parent shouldn’t lose legal custody for being abused by the other parent unless the judge finds that the abused parent voluntarily and knowingly participated in child abuse or neglect.3
1 31 L.P.R.A. §§ 7313 & 7324
2 31 L.P.R.A. § 7322
3 31 L.P.R.A. § 7323