Legal Aspects of Co-Parenting in Colombia

Family Law in Colombia

Family law in Colombia is mainly regulated by the Civil Code and the Code on Children and Adolescents (Law 1098 of 2006). The guiding principle is always the best interest of the child, girl, or adolescent.

Custody and Personal Care

In Colombia, custody can be:

• Exclusive custody: One parent has primary custody
• Shared custody: Both parents share time with the minor equitably

The family judge will determine who has custody based on the minor's best interest, considering factors such as each parent's availability, the emotional bond with the minor, and the ability to provide a stable environment.

Parental Authority in Colombia

Parental authority in Colombia comprises the minor's legal representation, administration of their assets, and legal usufruct thereof. In case of separation, generally both parents retain parental authority, even if one has exclusive custody.

Visitation Arrangement

The parent without custody has the right to a visitation arrangement that allows maintaining the emotional bond with the minor. This arrangement can be agreed upon by the parties or judicially established, and must include regular visits, vacations, and special dates.

Child Support

The support quota in Colombia covers the minor's basic needs: sustenance, housing, clothing, medical assistance, and education. It's set according to the obligor's income and the beneficiary's needs, and can be reviewed when circumstances change.

ICBF and Family Commissioner

In Colombia, Family Commissioners are administrative bodies that can intervene in family conflicts, establish protective measures, and facilitate custody and support agreements without needing to go to trial. It's a very accessible first resource for families in conflict.

Documenting Co-Parenting

Using tools like Family Bridge to document co-parenting agreements and communications is especially valuable in the Colombian context, where informal agreements can be difficult to enforce without evidence.