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How to request custody of a minor in court

Last reviewed: August 14, 2026 — VerifiedPoder Judicial

In short

Custody is decided at the Court of First Instance, and the law makes shared custody public policy: it is the first alternative the court must consider when custody is contested, although the deciding criterion is always the minor’s wellbeing. If the parties agree, it is filed by joint petition; if contested, by complaint with $90.00 in internal revenue stamps; and ex parte custody is requested by sworn petition with $78.00. The Judiciary publishes free forms for each case. Two things worth knowing upfront: no custody determination is ever final — it can be revisited if circumstances change — and custody is not the same as parental authority or as the non-custodial parent’s visitation rights.

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What is it?

Custody is the physical care and company of the minor. It is different from parental authority, which is the set of parental duties and rights over children, and from filial relations, which are the non-custodial parent’s right to a relationship with the child, including visits and overnights. The court can grant custody to one party or order shared custody, which the law sets as the first alternative to consider. When there is no agreement, the court makes provisional determinations and refers the case to the court’s Family Relations and Minors Social Unit, which works with the parties and the minor and issues a forensic social report with recommendations.

Who can do it?

Parents can request it, by agreement or by complaint. For the court to grant it, the requester must show that doing so serves or promotes the minor’s best interests and wellbeing. The court’s page lists the criteria evaluated — the parties’ mental health, any history of domestic violence in the family, capacity to meet emotional and economic needs, the minor’s specific needs, the location of the homes, the parties’ ability to communicate, among others — and clarifies that none is decisive alone. In emergencies, the law allows certain non-parents (police, Familia case workers, school personnel, health professionals) to exercise emergency custody for a maximum of 72 hours.

Requirements

Documents you need

Cost

$90.00 in internal revenue stamps for a custody complaint; $78.00 for an ex parte custody petition.

Verified against the official source · August 14, 2026

Step by step

  1. Step 1: Identify your procedural situation

    With agreement between the parties, custody is requested by joint petition. With a dispute, by complaint. And if a family-relations case is already before the court — other than a support case — custody can be requested by motion inside that same case, without opening a new one.

  2. Step 2: Prepare the documents and the stamps

    A complaint takes $90.00 in stamps, the minor’s birth certificate, the defendant’s address and a photo ID. An ex parte petition takes $78.00, two copies of the birth certificate and the sworn petition. The forms download free from the Judiciary’s catalog.

  3. Step 3: If there is agreement, file it under oath

    The parties can present their custody agreements to the court under oath. The court makes sure they are free and voluntary and serve the minor’s best wellbeing, and issues a determination in line with the agreement. For agreed shared custody there is form OAT 1824.

  4. Step 4: Without agreement: hearing, Social Unit and report

    Without agreement, the court can set a hearing, take evidence and decide between shared or sole custody. Meanwhile it makes provisional determinations and refers the parties to the Family Relations and Minors Social Unit, which works with the parties and the minor and issues a forensic social report with recommendations.

  5. Step 5: Emergencies: municipal courtroom and 72 hours

    In an emergency — gender violence, abuse or neglect — provisional custody can be requested in a Municipal Courtroom, followed by a superior judge for the permanent determination. Emergency custody exercised by non-parents cannot exceed 72 hours, extendable 48 more only in the circumstances the law provides.

Where to do it

At the Clerk’s Office of the Court of First Instance; in emergencies, at the Municipal Courtroom. The Judiciary’s Pro Se Centers guide those who represent themselves.

How long it takes

Check the current processing time with the official agency.

What to do if something goes wrong

If you already lost a custody determination, remember none is final: if the parties’ or the minor’s circumstances change, you can ask the court for a review. If what you want is not custody but to see your child, that is visitation, which the non-custodial parent can request, with visits that can include overnights. If the other parent does not comply with what was ordered, there is the Motion on Contempt (OAT 1460). This guide gives no duration for a custody case because the Judiciary does not publish one. PRFácil does not represent anyone in court and gives no legal advice.

Common mistakes

  • Confusing custody with parental authority or with visitation: they are three different things.
  • Opening a new case when a family-relations case already exists where a motion would do.
  • Filing the complaint without the defendant’s address, which is needed for service.
  • Assuming a custody determination is forever: it can be reviewed if circumstances change.
  • Thinking one criterion — income, for example — decides custody: the court weighs the whole set.

Frequently asked questions

Does the court prefer the mother?

The law makes shared custody public policy and the first alternative to consider in a dispute. The deciding criterion is the minor’s wellbeing, evaluated with the criteria the court publishes, and none is decisive alone.

What is provisional custody?

Custody determined for a set period. It can be requested ex parte by both parents if they agree, or by one if the other died or was stripped of parental authority. In emergencies it can be requested in a Municipal Courtroom, followed by a superior judge for the permanent determination.

Who can exercise emergency custody?

Under the law: state or municipal police, Department of the Family case workers, school principals, teachers, school social workers, behavioral professionals, and physicians or health professionals treating the minor, among others. It cannot exceed 72 hours, extendable 48 more only in the circumstances the law provides.

Official sources

These are the government pages this guide is based on.

Last verified

August 14, 2026

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