The Puerto Rico Court of Appeals recently ruled on a custody dispute between Anthony López Guadalupe and Adriana Ramos Girón. The court's decision affects how custody arrangements are handled in cases involving allegations of domestic violence and substance abuse. This ruling is significant as it addresses the complexities of parental rights and the safety of children in custody cases.
The case, identified as TA2026CE00495, began when López Guadalupe filed a demand for custody and parental rights concerning their minor child, K.G.L.P. He claimed that since their separation, Girón had taken complete control over their child's life, making important decisions without his input. López Guadalupe requested shared custody, asserting that he wanted to be involved in his child's upbringing.
In response, Girón filed a counterclaim, citing a protection order against López Guadalupe due to allegations of domestic violence and substance abuse. She argued that his behavior posed a risk to both her and their child. Girón sought sole custody, claiming that her actions were in the best interest of their daughter. The case escalated through the legal system, leading to a series of hearings and motions.
On March 10, 2026, the First Instance Court in Fajardo held a hearing where it decided not to rule on Girón's request for López Guadalupe to respond to her counterclaim. Instead, the court referred the case to the Social Unit for a social study regarding custody and parental rights. The court scheduled a follow-up hearing for June 16, 2026, and allowed López Guadalupe time to secure legal representation.
On April 22, 2026, Girón filed a certiorari petition with the Court of Appeals, seeking to overturn the First Instance Court's decision. She argued that the court had erred by not requiring López Guadalupe to respond to her counterclaim and by failing to consider the implications of the existing protection order. Girón claimed that the court's actions violated her due process rights and endangered her child's safety.
The Court of Appeals, led by Judge Pagán Ocasio, reviewed the case and issued its ruling on May 22, 2026. The court determined that it would not intervene in the First Instance Court's decision at this stage of the proceedings. The judges noted that the First Instance Court had not summarily dismissed the counterclaim but had instead opted to wait for the Social Unit's report before making any determinations.
The court ruled, "the determination recurrida does not yield any error that merits our intervention at this stage of the proceedings."
In its ruling, the Court of Appeals emphasized that the First Instance Court's decision to refer the case for a social study was reasonable and aligned with the best interests of the child. The court stated that it would defer to the lower court's discretion in handling the case until more information was available.
This ruling has important implications for future custody cases in Puerto Rico, particularly those involving allegations of domestic violence or substance abuse. The court's decision reinforces the importance of thorough investigations and assessments before making custody determinations. It also highlights the legal system's commitment to protecting children's welfare in complex family situations.
Moving forward, the case will continue in the First Instance Court, where the Social Unit is expected to conduct its evaluation and present findings. The next scheduled hearing is set for June 16, 2026, at which time the court may take further action based on the social study's recommendations.
As the case progresses, it remains to be seen whether Girón will pursue further legal options or if López Guadalupe will respond to the counterclaim. The ruling by the Court of Appeals serves as a reminder of the complexities involved in custody disputes and the critical need for careful consideration of all factors affecting children's safety and well-being.











