{"id":25,"date":"2019-06-15T12:57:31","date_gmt":"2019-06-15T12:57:31","guid":{"rendered":"https:\/\/lawyerscolombia.com\/?p=25"},"modified":"2019-06-16T01:40:59","modified_gmt":"2019-06-16T01:40:59","slug":"law-1060-2006-marriage-divorce-and-rules-to-attack-paternity-in-colombia","status":"publish","type":"post","link":"https:\/\/lawyerscolombia.com\/es\/law-1060-2006-marriage-divorce-and-rules-to-attack-paternity-in-colombia\/","title":{"rendered":"LAW 1060\/2006: MARRIAGE\/ DIVORCE AND RULES TO ATTACK PATERNITY IN\u00a0COLOMBIA.\u00a0"},"content":{"rendered":"

Due to many questions regarding child support and legal actions to attack paternity of children born in marriage, I have written some answers for the basic questions on this matter.\u00a0<\/span>\u00a0<\/span><\/p>\n

 <\/p>\n

Here is the first part:\u00a0<\/strong><\/p>\n

On July 26\/06 the Congress of Colombia created a new law that changed the ways, time and people who are able to demonstrate they are not the father\/mother of a child.\u00a0<\/span>\u00a0<\/span><\/p>\n

\u00a0<\/span>Common FAQ\u00a0<\/strong><\/p>\n

\u00a0<\/span><\/p>\n

    \n
  1. Child born during existing time of the marriage or common law marriage: \u00a0<\/strong><\/li>\n<\/ol>\n

    The married couple or the common law marriage couple will be considered as the parents of the child unless a decision made by the court declares the opposite.\u00a0<\/span>\u00a0<\/span><\/p>\n

    In this specific case the child is protected by the presumption of\u00a0<\/span>\u201cM<\/span>arital\u00a0<\/span>S<\/span>on<\/span>\u201d<\/span>, in Spanish\u00a0<\/span>Hijo<\/span>\u00a0matrimonial.<\/span>\u00a0<\/span><\/p>\n

      \n
    1. What are the facts to be considered as a marital child?<\/span>\u00a0<\/span><\/li>\n<\/ol>\n
        \n
      1. When the child was born after 180 days of the couple being married or when he was born after the couple stated they had common law marriage<\/span>\u00a0or until 300 days of the divorce or death<\/span>.<\/span>(<\/span>\u00a0there are exceptions depending on the case and the information provided by clients) Colombian Supreme court states that recognition of paternity is a right of minor, therefore it has to be a solid civil status and only the child has the right to attack without a time limitation statue.<\/span>\u00a0<\/span><\/li>\n<\/ol>\n
          \n
        1. c) How can I destroy the presumption of<\/span>\u201cM<\/span>arital<\/span>S<\/span>on\u201d for marriage or common law marriage?<\/span>\u00a0<\/span><\/li>\n<\/ol>\n

          \u00a0<\/span><\/p>\n

          The father or the common law marriage partner (male) can use any method to prove he is not the real parent including a DNA test ordered by the court during a trial process<\/span>\u00a0EXCEPT if he voluntary recognized the child as yours knowing this was not the truth, in that case he only has 140 days<\/span>.<\/span>\u00a0<\/span><\/p>\n

          \u00a0<\/span><\/p>\n

            \n
          1. Who can attack the paternity and\u00a0what are the\u00a0time\u00a0requirements?\u00a0<\/strong><\/li>\n<\/ol>\n

            The husband\u00a0<\/span>denying\u00a0<\/span>paternity\u00a0<\/span>\u00a0<\/span><\/p>\n

            The mother<\/span>\u00a0<\/span><\/p>\n

            The common law marriage partner\u00a0<\/span>( male<\/span>)<\/span>\u00a0<\/span><\/p>\n

            The time to attack is maximum 140 days after they had knowledge they were not the biologic<\/span>al<\/span>\u00a0parent.<\/span>\u00a0<\/span><\/p>\n

             <\/p>\n

              \n
            1. What can the child do?\u00a0<\/strong><\/li>\n<\/ol>\n

              He\/she can attack the paternity at any time through any way including DNA test ordered by the Court.<\/span>\u00a0<\/span><\/p>\n

                \n
              1. What other people can attack the paternity?<\/span>\u00a0<\/span><\/li>\n<\/ol>\n
                  \n
                1. The successors\u00a0<\/span>following the\u00a0<\/span>death<\/span>\u00a0<\/span>of\u00a0<\/span>\u00a0father<\/span>\u00a0or mother. (grand-parents\u00a0<\/span>etc<\/span>)<\/span>\u00a0<\/span><\/li>\n<\/ol>\n
                    \n
                  1. Can the possible biologic<\/span>al<\/span>\u00a0father<\/span>\u00a0or\u00a0<\/span>mother ask the judge to declare who is the real parent?\u00a0<\/span>\u00a0<\/span><\/li>\n<\/ol>\n

                    \u00a0<\/span><\/p>\n

                    Despite some discussions on this issue, the article 217 of the law left a window open to assist the possible biologic<\/span>al<\/span>\u00a0father\/mother to request a DNA exam using always a court order.<\/span>\u00a0<\/span><\/p>\n

                    This is just a summary of many ways a case could be handled, such as<\/span>\u00a0<\/span><\/p>\n

                      \n
                    1. recognition of partner\u00b4s child as son being not the truth<\/span>\u00a0<\/span><\/li>\n<\/ol>\n
                        \n
                      1. dispute during the divorce of the paternity<\/span>\u00a0<\/span><\/li>\n<\/ol>\n
                          \n
                        1. dispute<\/span>\u00a0by beneficiaries of estate regarding the paternity of a child.\u00a0<\/span>\u00a0<\/span><\/li>\n<\/ol>\n

                          Any question<\/span>s feel<\/span>\u00a0free to email me, I will be glad to answer it<\/span>\u00a0<\/span><\/p>\n

                          \u00a0<\/span><\/p>\n

                          Esteban Rada\u00a0<\/strong><\/p>\n

                          Colombian lawyer\u00a0<\/strong><\/p>\n

                          Lawyer\u00a0CO\u00a0<\/strong><\/p>\n

                          Email: lawyerscolombia@yahoo.com\u00a0<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

                          Due to many questions regarding child support and legal actions to attack paternity of children born in marriage, I have written some answers for the basic […]<\/p>\n","protected":false},"author":1,"featured_media":46,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-25","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"translation":{"provider":"WPGlobus","version":"3.0.0","language":"es","enabled_languages":["en","es"],"languages":{"en":{"title":true,"content":true,"excerpt":false},"es":{"title":false,"content":false,"excerpt":false}}},"_links":{"self":[{"href":"https:\/\/lawyerscolombia.com\/es\/wp-json\/wp\/v2\/posts\/25","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lawyerscolombia.com\/es\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawyerscolombia.com\/es\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawyerscolombia.com\/es\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawyerscolombia.com\/es\/wp-json\/wp\/v2\/comments?post=25"}],"version-history":[{"count":1,"href":"https:\/\/lawyerscolombia.com\/es\/wp-json\/wp\/v2\/posts\/25\/revisions"}],"predecessor-version":[{"id":26,"href":"https:\/\/lawyerscolombia.com\/es\/wp-json\/wp\/v2\/posts\/25\/revisions\/26"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawyerscolombia.com\/es\/wp-json\/wp\/v2\/media\/46"}],"wp:attachment":[{"href":"https:\/\/lawyerscolombia.com\/es\/wp-json\/wp\/v2\/media?parent=25"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawyerscolombia.com\/es\/wp-json\/wp\/v2\/categories?post=25"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawyerscolombia.com\/es\/wp-json\/wp\/v2\/tags?post=25"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}