If the parties agree to joint custody, they shall proceed to file a written agreement with the court. In those cases where both parties or one of them does not have legal representation, or even having it, have been unable to reach an agreement as to the form and manner in which joint custody shall be established, the parties shall be referred to the mediation program of the court or to a certified mediator in the private practice with knowledge on human conduct to assist the parties in the preparation of an agreement on joint custody, shared responsibility and legal custody. In the case that both parents of the minor agree to joint custody and reach an agreement to such effects, the judge shall consider the same and, if approved after determining, in his/her judgment, that said agreement is in the best interests of the minor, the judge shall follow the subsequent judicial proceedings based on such agreement. If the judge does not agree with the terms of the agreement, he/she may order what he/she deems pertinent in order to adjust said agreement to the best interests of the minor. However, if one of the parties does not agree or wishes to have sole custody of the minor, the judge shall continue with the proceedings in accordance with the provisions of §§ 3184-3187 of this title.
History —Nov. 21, 2011, No. 223, § 6.