Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
As a Colombian attorney for more than 18 years, Child custody disputes can be one of the most heart-wrenching legal battles, especially when they involve individuals from different countries.
I decided to write an article that describe the common structure of all cases I had during my legal job, and it explains the story of a US citizen residing in Colombia who finds himself entangled in a legal child custody problem, highlighting the challenges faced and potential solutions sought amidst an international setting.
Story
John, a US citizen, moved to Colombia several years ago with his Colombian spouse, Maria. They started a family and had a beautiful daughter, Sofia. Unfortunately, their marriage deteriorated, leading to a painful separation and a legal child custody dispute.
Also, another way this story is told nowadays is that John moved to Colombia and met a woman Maria, they had a relationship, never got married, but Maria got pregnant and now she doesn’t want john to see his daughter.
US citizen in Colombia law
The first thing john needs to do is contact an attorney. The language, law, proceeding, and agencies involved in, can be difficult and bureaucratic for the US citizen. Doing the representation himself, can result in negative decision.
Legal proceedings for child custody in Colombia
In this type of cases, in about 90% there is a Colombian gov agency already involved. Such as ICBF.
As attorney, I look always for mediation and ICBF or social worker, always issue temporal orders such as child support and temporal home for the child. Later this can be change in the administrative process or family court.
If Mediation fails. The next step is family court.
Colombia family Judge will evaluate the following:
Legal rights and obligations of both parents concerning child custody and visitation according to Colombian laws.
Determining whether the child custody battle should proceed in Colombia or if any jurisdictional matters warrant pursuing the case in the United States.
Exploring the possibility of engaging in mediation or any alternative dispute resolution process to attempt reaching an amicable resolution in the same court.
Discussing any international family law conventions or treaties that may be applicable to the present case.
Evaluating potential challenges to the other parent’s fitness to have custody of the minor and presenting evidence in support of my client’s claim for primary or joint custody.
Documenting an Unstable Environment if US citizen wants full custody:
To bolster his case, John needs to gather substantial evidence to demonstrate that Sofia’s wellbeing would be at risk if custody were granted solely to Maria. This involved collecting documentation of inconsistencies in Maria’s parenting abilities, perhaps due to drug addiction, a history of violence, or an unstable living environment. Strong evidence became critical in protecting Sofia’s best interests.
Otherwise, most family court if the Baby has never got out of the country, will assign full custody with the mother.
Our mission as your attorney is to gain joint custody.
Only in some rare cases, US citizen has been granted full custody.
Now, if you want the baby to visit you in the US, there is another legal case called permission to leave Colombia, in which Colombia court evaluates the reason, evidence and behavior and the chances child be returned to Colombia by US citizen. If rule comes on favor of US citizen, he can take the baby and returned to Colombia as judgment rules. Otherwise, he can face legal proceeding in US based on the Hague convention.
Seeking Mediation or Settlement:
As attorney, I always explored every available option to resolve the custody dispute amicably. Mediation, where an impartial third party facilitates negotiations between both parents, was considered. Additionally, settlement discussions with the hope of finding common ground and provide a more peaceful resolution, sparing the child from a lengthy and adversarial legal process.
Conclusion:
John’s quest for custody illustrates the difficult journey many US citizens face when encountering legal child custody problems in foreign countries. By understanding the local legal system, overcoming cultural and language barriers, and leveraging international conventions, John navigated a complex international custody dispute while emphasizing Sofia’s best interests. Regardless of nationality, such cases require empathy, adaptability, and knowledge of the legal frameworks involved.
If you are having a child custody case in Colombia, please contact us for further information.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
