Custody

A parent could lose parental authority (patria potestad) of their child temporarily or permanently.¹ This could happen based on several circumstances, including:

• putting the child at risk of emotional, mental, and physical harm or letting someone else inflict that harm on the child;
• abandoning the child without a good reason to do so (“just cause”);
• 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 the law.²

Note: A parent shouldn’t lose parental authority for being abused by the other parent unless the judge finds that the abused parent voluntarily and knowingly participated in their child or other family member’s abuse or neglect.³

¹ 31 L.P.R.A. §§ 7321
² 31 L.P.R.A. § 7322
³ 31 L.P.R.A. § 7323