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.
Here is the first part:
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.
Common FAQ
- Child born during existing time of the marriage or common law marriage:
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.
In this specific case the child is protected by the presumption of “Marital Son”, in Spanish Hijo matrimonial.
- What are the facts to be considered as a marital child?
- 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 or until 300 days of the divorce or death.( there 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.
- c) How can I destroy the presumption of“MaritalSon” for marriage or common law marriage?
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 EXCEPT if he voluntary recognized the child as yours knowing this was not the truth, in that case he only has 140 days.
- Who can attack the paternity and what are the time requirements?
The husband denying paternity
The mother
The common law marriage partner ( male)
The time to attack is maximum 140 days after they had knowledge they were not the biological parent.
- What can the child do?
He/she can attack the paternity at any time through any way including DNA test ordered by the Court.
- What other people can attack the paternity?
- The successors following the death of father or mother. (grand-parents etc)
- Can the possible biological father or mother ask the judge to declare who is the real parent?
Despite some discussions on this issue, the article 217 of the law left a window open to assist the possible biological father/mother to request a DNA exam using always a court order.
This is just a summary of many ways a case could be handled, such as
- recognition of partner´s child as son being not the truth
- dispute during the divorce of the paternity
- dispute by beneficiaries of estate regarding the paternity of a child.
Any questions feel free to email me, I will be glad to answer it
Esteban Rada
Colombian lawyer
Lawyer CO
Email: lawyerscolombia@yahoo.com
