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Free Guide to Hiring a Family Lawyer
Child custody law in Pereira, Colombia is governed by national Colombian law, with local courts applying these rules to cases involving children whose parents are separated or divorcing. The primary concern of Colombian family law is the welfare and best interest of the child. Custody can be shared (joint custody) or given to one parent (sole custody), with arrangements determined either by agreement between the parents or by a judge if an agreement cannot be reached. Legal custody includes making important decisions about the child’s life, while physical custody refers to where the child lives most of the time.
Child custody issues are emotionally charged and complex. You may need a lawyer in Pereira, Colombia if you are separating or divorcing and cannot reach an agreement with your partner regarding the care of your children. Other situations include when one parent wishes to relocate with the child, cases of domestic violence, disputes about visitation rights, or concerns about the safety and well-being of the child. Legal guidance is also recommended if there are international aspects involved, such as one parent living outside Colombia or trying to move the child abroad.
In Pereira, as in all of Colombia, child custody is determined based on Colombian law, mainly from the Civil Code and the Children and Adolescents Code (Código de Infancia y Adolescencia). Key aspects include:
Legal custody refers to the right to make important decisions about the child’s education, health, and general welfare. Physical custody refers to where the child primarily lives and spends their time.
If parents cannot agree, a Family Court judge will decide based on the child’s best interest, considering the child’s needs, each parent’s situation, and, in some cases, the child’s own wishes.
No. While mothers often receive custody, especially of younger children, the court’s decision is always based on what is deemed best for the child, regardless of gender.
Yes. If there are significant changes in circumstances affecting the child’s welfare, either parent can request a modification of the custody arrangement.
The non-custodial parent typically has the right to maintain a relationship with the child through regular visitation unless there is a justified reason to limit contact.
No. Both parents’ consent is usually required for a child to travel abroad. Unauthorized relocation may be considered international abduction under Colombian law.
You should seek immediate legal advice. The court can restrict visitation or grant exclusive custody if there is evidence that the child's safety or well-being is at risk.
You can file a motion with the Family Court in Pereira, which can enforce the agreement and penalize non-compliance.
Yes. Children aged 7 and up may be interviewed by the judge, and their preferences may be considered depending on their maturity and the circumstances.
It depends on the complexity of the case and whether parents agree. Cases can take several months or longer, especially if there are disputes or evidence to be evaluated.
- Family Courts of Pereira (Juzgados de Familia de Pereira): These courts process all custody cases in the city. - Instituto Colombiano de Bienestar Familiar (ICBF): Provides information, mediation, and support services related to child welfare and protection. - Comisarías de Familia: Local government offices offering mediation and emergency protection for families and children. - Bar associations (Colegios de Abogados): Can refer you to qualified family law attorneys in the area. - Social Services and Psychological Support: Local organizations often provide counseling and mediation for families in conflict.
If you need legal assistance with a child custody matter in Pereira, Colombia, your first step should be to consult with a qualified family law attorney who can assess your situation and provide tailored advice. Collect all relevant documents such as birth certificates, evidence of parental participation, and any previous agreements. If there is an immediate threat to your child’s safety or well-being, you can approach the Family Police Units (Comisarías de Familia) for urgent protection. Remember, the goal of Colombian courts is always to protect the well-being of the child, and legal help can guide you through the proper procedures to ensure your rights and your child’s best interests are respected.
