Who Gets Custody in Colombia? How Judges Decide

When parents cannot agree on custody, a family judge decides based on one guiding principle: the best interest of the child. Colombian courts do not favor mothers or fathers automatically. Each case is evaluated individually.

Key Factors Judges Consider

1. Emotional Stability

Judges assess:

• Parent-child bond

• Emotional availability

• Past caregiving involvement

2. Living Conditions

Courts review:

• Housing stability

• Safe environment

• Child’s own bedroom (if possible)

3. Education & Routine

The judge analyzes:

• School proximity

• Academic performance

• Daily schedule

4. Financial Capacity

Both parents must support the child, but the court checks:

• Income stability

• Ability to meet basic needs

5. Psychological Evaluations

Experts may evaluate:

• Parenting skills

• Emotional health

• Family dynamics

6. History of Violence or Neglect

Any evidence of:

• Domestic violence

• Substance abuse

• Abandonment

This strongly affects decisions.

7. Child’s Opinion

If the child is mature enough, judges may listen to:

• Preference

• Emotional needs

Shared Custody vs Sole Custody in Colombia

Custody arrangements depend on family dynamics and the child’s best interest.

Sole Custody

One parent has primary care.

Common when:

• One parent lives far away

• Child needs stability

• Safety concerns exist

Pros
✔ Stability
✔ Clear routine

Cons
✖ Limited contact with other parent

Shared Custody

Both parents actively share care.

Requirements

• Good communication

• Similar living conditions

• Geographic proximity

Pros
✔ Strong relationship with both parents
✔ Balanced upbringing

Cons
✖ Requires cooperation

Which Is Better?

There is no “better” option. Courts analyze:

• Parents’ relationship

• Child’s age

• School routine

How to Modify a Custody Order in Colombia

Custody orders are not permanent. They can be modified if circumstances change.

Valid Reasons for Modification

• Parent relocation

• Child’s changing needs

• School changes

• Unsafe environment

• Violation of court orders

Legal Steps

1. Attempt Conciliation

Mandatory before court.

2. File Modification Request

Submit evidence:

• School records

• Medical reports

• Witness statements

3. Court Evaluation

Judge may order:

• Psychological exams

• Home visits

4. Final Decision

Common Mistakes

❌ Filing without evidence
❌ Ignoring visitation rules
❌ Speaking negatively about the other parent

What Happens If One Parent Takes the Child Abroad?

Removing a child without consent can lead to serious legal consequences.

International Child Abduction

If one parent:

• Leaves Colombia

• Refuses to return child

• Acts without permission

This may qualify as international kidnapping.

Hague Convention

Colombia is part of the Hague Convention which:

• Orders child return

• Protects parental rights

• Allows international enforcement

Legal Actions

You can:

• File emergency court petition

• Contact ICBF

• Request border alerts

⚠ Never remove a child without permission.

Visitation Rights in Colombia

Even if one parent has custody, the other parent has visitation rights.

Typical Schedules

• Weekends

• Holidays

• School vacations

Supervised Visits

Ordered when:

• Abuse concerns

• Substance issues

• Child fear

When Visits Are Denied

You may:

• File enforcement motion

• Request fines

• Seek custody change

📌 Courts enforce visitation orders seriously.

Child Support and Custody in Colombia

Child support is mandatory regardless of custody.

How Support Is Calculated

Courts evaluate:

• Parent income

• Child’s needs

• Education

• Healthcare

Payment Enforcement

Failure to pay may result in:

• Wage garnishment

• Bank account freezes

• Travel restrictions

• Criminal charges

Modification

Support can be changed if:

• Income changes

• Child expenses increase

📞 Need help with any of these topics?
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