Parental authority in Puerto Rico: what it is, when it ends and how it is limited

Parental authority is the set of duties and powers parents hold over their minor children and their property, to provide education, instruction and health, among others. Through it parents make the decisions needed for their children’s wellbeing. The duties the Judiciary lists include caring for and living with the minor, feeding and providing what their development requires, instilling values and habits of coexistence, educating, correcting and disciplining them according to their age and maturity, representing them legally, managing their property with the same diligence as one’s own, caring for their physical and mental health, protecting them from physical and moral danger, and naming a guardian or requesting a judicial defender if a proceeding requires one.

As a general rule parental authority rests jointly with both parents, with equal rights and responsibilities. Joint exercise is not possible when one of them has died or is presumed dead, has been legally declared absent because their whereabouts are unknown, has been legally declared incapacitated, is the only one who acknowledged or adopted the child or requested parental authority, or is legally barred or limited by a court decision. In addition, in an emergency where the minor’s life or cognitive, mental or physical functions are compromised or threatened, the consent of either parent holding parental authority is enough to act for the child.

• For the court to resolve an important disagreement between parents you must go to it: the judge holds a hearing and makes the decision.Verified against the official source
• To restrict, suspend or strip parental authority, the party claiming it must present evidence the judge finds clear, robust and convincing.Verified against the official source
• To strip the right permanently, the State must show with clear, robust and convincing evidence that this is the least onerous decision and in the minor’s best interest.Verified against the official source
• Due process must be guaranteed to the parent: it is the only way a right of constitutional rank can be limited.Verified against the official source
• For extended parental authority, the court first determines whether the child’s incapacity is warranted and only then whether to authorize the extension.Verified against the official source
• For restored parental authority, the adult child declared incapacitated must not have married nor had children.Verified against the official source

• Whatever the judicial proceeding handling parental authority requires — divorce, custody, filiation, adoption, emancipation or a minor’s marriage — because the Judiciary’s page publishes no document list of its own for this matter.

1. 1

   Step 1: Confirm that yours is a parental-authority matter

   If what you want is to have the minor with you, that is custody. If what you want is to see and spend time with them without having custody, that is visitation. Parental authority is the power to decide about their education, health, property and legal representation, and it can be kept even without custody. Filing the wrong request is the most common mistake in this area.

2. 2

   Step 2: If the parents disagree, go to court

   When there is an important disagreement over something requiring both parents’ consent, you must go to court so a judge holds a hearing and decides. There is no administrative shortcut: the decision is judicial.

3. 3

   Step 3: If the disagreement is recurrent, the court has three routes

   If the parties keep coming to court to decide for them, or any other cause prevents effective joint exercise, the court can: assign parental authority wholly or partly to one parent; distribute the most contested parental powers between them; or grant a reasonable period for them to enter alternative dispute resolution or seek help reaching agreements on joint parenting.

4. 4

   Step 4: If restriction or deprivation is sought, prepare for the highest standard

   The court can restrict, suspend or strip parental authority, but the specific determination depends on the statute the claim is brought under. The claimant must present clear, robust and convincing evidence, a standard more demanding than any other civil proceeding. To strip the right permanently, the State must also show it is the least onerous decision and in the minor’s best interest.

5. 5

   Step 5: If your adult child cannot act for themselves, request the extension

   If on reaching adulthood the person cannot act for themselves because of a condition affecting their cognitive or emotional skills, their parents can request that parental authority be extended past majority. If the child was no longer living with them when declared incapacitated, restoration can be requested, provided they have not married nor had children.

At the Court of First Instance, within the corresponding proceeding: divorce, custody, filiation, adoption, emancipation or a minor’s marriage. The Judiciary’s Pro Se Centers guide those representing themselves.

• Confusing parental authority with custody: you can keep parental authority without having the minor with you.
• Believing joint exercise requires both parents to expressly authorize every day-to-day decision.
• Thinking parental authority ended by adoption, emancipation or judicial deprivation can be recovered: those causes are irreversible.
• Assuming it is enough to allege the other parent is failing: clear, robust and convincing evidence is required.
• Confusing extended parental authority, requested before majority, with restored authority, which applies to an adult child who was no longer living with their parents.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  poderjudicial.pr

• Judiciary forms catalog

  Poder Judicial

  poderjudicial.pr