P.R. Laws tit. 32, § 3185
When considering a petition for custody where disputes arise between the parties thereto, the court shall refer the case to a family relations social worker, who shall conduct an evaluation and submit a report with recommendations to the court. Both, the social worker when conducting the evaluation and the court when making a ruling, shall consider the following criteria:
(1) The mental health of both parents, as well as that of the child or children whose custody is to be awarded.
(2) The level of responsibility or moral integrity shown by each parent and if there has been a history of domestic abuse between the components of the family unit.
(3) The capability of each parent to satisfy the emotional, financial, and moral needs of the minor, both present and future.
(4) The background of each parent with respect to their children before the divorce, dissolution, or separation of an unmarried couple, as well as thereafter.
(5) The specific needs of each of the minors whose custody is in dispute.
(6) The interrelation of each minor with his/her parents, siblings, and other family members.
(7) The fact that the decision is not the result of recklessness or coercion.
(8) Whether the parents have the capability, will, and resolve to assume the responsibility of raising their children jointly.
(9) The real reasons and objectives for which the parents have requested joint legal and physical custody.
(10) If the profession, occupation, or trade of the parents shall prevent the agreement from being carried out effectively.
(11) If the location and distance between both parents’ homes would affect the education of the minor.
(12) The existing communication between the parents and their capability to communicate directly or using alternative mechanisms.
(13) Any other valid or pertinent criterion that should be considered to guarantee the best interests of the minor.
History —Nov. 21, 2011, No. 223, § 7.