Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
In Colombia, parental rights and responsibilities form the legal framework that governs the relationship between parents and their children. These rights and duties are primarily designed to ensure the well-being, development, and protection of minors, recognizing the fundamental role of parents in shaping their children’s lives.
The Colombian Civil Code serves as the primary legal sources establishing parental rights and responsibilities. According to the Code, parents have the obligation to provide for the physical, emotional, moral, and educational needs of their children. This laws affirm that parental authority is both a right and a duty, aimed at fostering the child’s best interests.
Parental Rights
Parents possess the right to make decisions regarding their child’s education, health, religious upbringing, and general welfare. This includes the authority to choose schools, provide medical treatment, and guide moral development. However, these rights are not absolute and are subject to limitations established by law, especially when the child’s rights or best interests are at risk.
Parental Responsibilities
Responsibility encompasses caring for, educating, and protecting minors. Parents are expected to ensure that their children receive proper nutrition, education, and healthcare. They are also responsible for supervising their child’s activities and fostering an environment conducive to their growth and development.
Shared and Sole Parental Rights
In cases of separation or divorce, Colombian law emphasizes the importance of shared parental responsibilities, promoting co-parenting arrangements that prioritize the child’s stability and relationship with both parents. When circumstances make joint custody unfeasible, courts may award sole custody to one parent, with the other retaining visitation rights.
Legal Limitations
Parental rights can be limited or revoked if a parent acts against the child’s best interests, such as in cases of abuse, neglect, or abandonment. The judiciary has the authority to intervene to protect minors, including removing parental rights when necessary.
Parental rights and responsibilities in Colombia are founded on principles of the child’s best interests, requiring parents to act as protectors and guides. The legal system emphasizes shared responsibility, while also safeguarding minors through appropriate limitations on parental authority when warranted.
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Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
