Filing for Child Custody & Parental Rights in Puerto Rico

Getting a custody order is recommended to make co-parenting more manageable and fair. It spells out arrangements for custody (whom the child lives with most of the time) and parental rights (the authority to make major decisions).

If you hire an attorney, they will file for you. Otherwise, you'll have to file yourself.

Can I file for custody in Puerto Rico?

You can if your child has lived in PR for the past six months (or since birth if they're less than six months old).

If they've lived in a U.S. state for that period, that state makes a custody order. But you may still be able to file in Puerto Rico if any of the following apply:

• The child was abandoned.
• The child, their parent or sibling has been threatened with abuse or is the victim of abuse.
• No other state has jurisdiction.

Consult with an attorney if you're uncertain where you can file.

You can file for child custody and parental rights as part of a divorce or as their own case, even if you are married. Among other reasons, a married parent might open a custody-specific case to get an order sooner or because they don't meet the divorce residency requirement.

Can I file for divorce in Puerto Rico?

To file for divorce in Puerto Rico, at least one spouse must have lived there for the full year before filing, unless the reason for the divorce happened in Puerto Rico.

Step 1. Fill out your forms

You can find family court forms online. Most are only available in Spanish, but you can fill them out in English or Spanish.

When you appear in court, the judge and others present will speak Spanish. If you do not speak Spanish, request an interpreter. You must file your request at least 10 days before your scheduled court hearing (except in emergencies).

If you have an agreement, file a joint petition. You can attach a divorce settlement agreement or a parenting plan to add detail. The court won't approve an agreement that doesn't protect the rights of the children or a spouse, so make sure yours is reasonable.

Step 2. Hand in your paperwork

Take your paperwork to the Court of First Instance (Tribunal de Primera Instancia) closest to where your child lives.

You'll also need to present a photo ID, provide the respondent's address and file a copy of each child's birth certificate. If you're divorcing, file a copy of your marriage certificate as well.

PR requires internal revenue stamps to certify forms. If you're filing alone, expect to pay $90. If you're filing a joint petition, expect to pay around $80. If you cannot afford the fee, file an Application for Determination of Indigency - OAT 1480.

Step 3. Serve the respondent

The respondent finds out about the case through service. Service must happen within 120 days after you file your paperwork with the court.

You cannot serve the respondent yourself. Only the following people can serve:

• A marshal of the court
• Someone who is at least 18 and not a party to the case, your attorney, nor a relative

The court can tell you more about how service works.

The person who serves fills out a Certificate of Service, which they must file with the clerk of court.

Once the respondent is served, they have 30 days to respond. If they don't respond or ask for an extension on time, the petitioner can ask for a default judgment (rebeldía).

Preparing for what's next

The next step in your case depends on whether you and the other parent reached an agreement.

If there's an agreement, you'll have a hearing to confirm it.

If there's no agreement, the court will refer your case to the social workers unit for investigation. Social workers will make a custody recommendation to the court.

Regardless of where your case takes you, our co-parenting app helps you prepare.

Custody X Change offers a parenting plan template, custom custody calendars, parent-to-parent messaging, an expense tracker and more. You can use it to put together proposals for the other parent, prepare settlement paperwork or organize evidence.

Be prepared for your hearing and every step of your case with Custody X Change.

More resources

We'd like to thank Attorney José Emmanuel Santiago Cardona of San Juan for his help.

For more information, you can turn to:

• PR Rules of Civil Procedure
• Judicial Branch of Puerto Rico – Family Law Cases
• Legal aid offices (for free or discounted legal representation)
• Pro-Bono, Inc. (for free or discounted legal representation)

Frequently asked questions

How long does it take to get a custody order?

If you go through the full court process, expect to wait six to nine months. But if you agree on custody, you'll get an order sooner. For divorce, there's a 30-day waiting period after the judgment to give parents time to appeal. You and the other parent could agree to waive this period.

Who gets custody while we wait for an order?

Whoever had it before the case began — which could be both parents. If you need a different arrangement, get a temporary custody order. You can agree with the other parent on the arrangement or let the judge decide.

What if my child is in danger?

You can file for emergency custody. This is a temporary arrangement to get your child out of a bad situation. Or you can file for a Protection Order for yourself, and you may be able to get temporary custody along with it.