P.R. Laws tit. 32, § 3187
Joint custody shall not be considered as beneficial and favorable to the best interests of minors in the following cases:
(1) When one of the parents expresses that he/she has no interest in having custody of the minors on the basis of a joint custody plan. This shall be construed as a relinquishment in favor of the other parent.
(2) When one of the parents suffers from a physical or intellectual disability, as determined by a health professional, and the same is irreversible and to such extent that it prevents said parent from adequately caring for the children and guaranteeing their safety, as well as their physical, mental, emotional, and/or sexual integrity.
(3) When the actions or omissions of one of the parents are detrimental to the children or set an example that could potentially corrupt the children.
(4) When one of the parents or his/her spouse or domestic partner has been convicted of acts constituting child abuse.
(5) When one of the parents is imprisoned in a correctional institution.
(6) When one of the parents has been convicted of acts constituting domestic violence, as provided in §§ 601 et seq. of Title 8.
(7) Situations where the mother or the father has committed sexual abuse or any other sexual offense towards a minor, as classified in the Puerto Rico Penal Code.
(8) When one of the parents or his/her spouse or life partner, if any, is addicted to illegal drugs or alcohol.
If after joint custody has been awarded, one of the parents recklessly, arbitrarily, and unfairly refuses to accept said decision and engages in acts to obstruct the relations of the other parent with the minor, the court may alter the decree and award custody to the other parent.
History —Nov. 21, 2011, No. 223, § 9.