The Puerto Rico Court of Appeals recently ruled on a significant custody dispute in the divorce case of Dagmary Purcell Arévalo and Juan Eduardo Cortés. The court's decision, issued on June 30, 2026, upheld a lower court's order for shared custody of their minor child, N.M.C.P. This ruling affects both parents and sets a precedent for future custody cases in Puerto Rico.
The case began when Purcell filed for divorce on August 7, 2025, citing irreparable breakdown of the marriage. Cortés responded by requesting shared custody of their child. The lower court initially ordered a provisional shared custody arrangement while a social work evaluation was conducted. After the evaluation recommended shared custody, Purcell sought to challenge this decision, arguing that the report was flawed.
In her appeal, Purcell claimed that the lower court had made several errors in its decision-making process. She argued that the court relied too heavily on the social worker's report, which she described as unreliable due to methodological flaws and omissions. Purcell also contended that the court ignored substantial evidence regarding potential risks to their child from her brother, who lived with Cortés.
The Court of Appeals, led by Judge Romero García and joined by Judges Monge Gómez and Prats Palerm, reviewed the case and the arguments presented by both parties. The judges noted that family law cases often involve deep emotions and must prioritize the welfare of the child. In its ruling, the court stated, "In the absence of passion, prejudice, or manifest error, we must refrain from intervening with the appreciation of evidence by the lower courts." This indicates a strong deference to the lower court's findings and decisions.
The judges found that the lower court did not abuse its discretion in adopting the social worker's recommendations, stating that there was no indication of bias or error in the decision-making process. The court emphasized that custody determinations are not final and can be adjusted as circumstances change, highlighting the importance of considering the best interests of the child.
This ruling has significant implications for future custody cases in Puerto Rico. It reinforces the idea that shared custody should be considered when it serves the best interests of the child. The court's decision also emphasizes the importance of thorough evaluations and the need for both parents to have a voice in custody matters.
Moving forward, this ruling may impact how similar cases are handled in Puerto Rico, as it establishes a precedent for the consideration of shared custody arrangements. The court's emphasis on the importance of the child's welfare may lead to more collaborative approaches in custody disputes.
As for the possibility of an appeal, Purcell's options appear limited. The court denied her request for a certiorari, meaning she cannot challenge this ruling further in the appellate court. Details on any related cases were not available in the court filing.