Colombia Child Custody

If the parents of a child have decided to separate or have already separated, both may establish child custody, and Colombian child support payments through the Colombian child custody agreement without having to go to court. This document is drafted by attorneys to best respect the parental rights as outlined by Colombian law. Each parent should have a personal attorney to review the agreement.

First and foremost in Colombia the child care, food, support, visitation rights must all be agreed upon before a divorce may be entered in to. Decisions that effect a childs life must be carefully planned in advance. It is best to seek help of professionales to defend childrens and parental rights. Some parents need help understanding budgets, and limitations of what other parents may be able to pay.

Documents needed to file Colombian child custody agreement:

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Which colombian entity handles a child custody agreement?

The parents of children can, through conciliatory agreements, establish custody and support of their children in a shared manner, clearly indicating the following aspects:

If a mutual agreement for child custody is reached between both parties, the signing and certification of a custody agreement maybe handled at a public notary, and filed on to public record. Secondly, working with the family commision (la comisaria) can facilitate cases with parents and negociate custody agreements, and establish visitation rights. Trained attorneys also in conciliation/arbitration may be useful to explain family budgets and parental rights to both parents. Cases which involve violence or endanger children may be facilitated with the family comission as they work with closely with the police and ICBF, (Instituto Colombiano de Bienestar Familiar). Finally, if no agreements can be reached a lawsuit must be filed which we have to await the ruling of a judge to issue the final custody sentence. ICBF is the Colombian entity in charge of health and welfare for children in Colombia.

Important points to define for custody agreements

Once the agreement is approved by both parents, the attorney will be responsible for carrying out the approval process before the competent entity.

If there is no agreement between the parties, you must comply with a lawsuit before a Family Judge, providing the necessary evidence. This process is a slower and obviosly more expensive than a mutual agreement, but it has the same purpose as the Custody Agreement. If you are a foreign parent and would like more information about the process please contact James Lindzey directly. James is also a father of a Colombian child and has personally been through this process. You can contact through our contact forms on the website or via email at james@medellinattorney.com.