Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
In an increasingly interconnected world, American parents with children residing in Colombia often face complex legal scenarios related to child custody and visitation rights. Navigating the legal frameworks of both countries requires a comprehensive understanding of international law, Colombian family law, and relevant bilateral agreements. This article provides an overview of the legal considerations for American parents seeking custody or visitation rights for their children in Colombia.
Legal Framework Governing Child Custody in Colombia
Colombian family law, primarily governed by the Código de Infancia y Adolescencia (Code of Childhood and Adolescence) and the Código Civil (Civil Code), emphasizes the best interests of the child as the paramount consideration in custody and visitation determinations. Colombian courts prioritize stability, emotional well-being, and the child’s rights when making custody decisions.
Types of Custody Arrangements
- Legal Custody: Refers to the right to make major decisions regarding the child’s welfare, including education, health, and religion.
- Physical Custody: Involves the child’s actual residence and daily care.
Colombian courts may award sole custody to one parent or joint custody shared between parents, depending on circumstances and the child’s best interests.
Jurisdiction and International Aspects
- The Hague Convention on the Civil Aspects of International Child Abduction (1980)
Colombia is a signatory to the Hague Convention, which provides a legal framework for the prompt return of children unlawfully removed or retained across borders. American parents concerned about abduction can invoke this treaty to seek the return of their child if they believe the child has been wrongfully taken to Colombia.
- The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
While U.S. law (UCCJEA) governs custody jurisdiction within the United States, its principles influence cross-border cases by emphasizing the child’s habitual residence and the importance of the child’s best interests.
- Colombian Jurisdiction
In custody disputes involving American parents and Colombian courts, jurisdiction is typically established based on the child’s habitual residence. If the child resides in Colombia, Colombian courts generally have jurisdiction over custody matters.
American parents with children in Colombia must carefully navigate both jurisdictions’ legal systems to establish and enforce child custody and visitation rights. Understanding Colombia’s legal framework, leveraging international treaties like the Hague Convention, and working with knowledgeable legal professionals are essential steps toward safeguarding parental rights and, most importantly, the welfare of the child.
If you need further information please contact us
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
