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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Is there anyone who can give a clear answer on Colombian Law

Customer Question

Is there anyone who can give a clear answer on Colombian Law regarding child custody,, facts, the biological father has acknowledged on the childs birth certificate that he is the father, the child is 10 years old, the father
has never lived with the child or the childs mother, he has never paid child support, or any form of support, ie; education, food, clothing, school, he has never participated in the childs upbringing,, he has beaten the childs mother in front of the child,, he has a criminal conviction for armed robbery, he has been sentenced to 18 months in jail, the mother now is seeking FULL & TOTAL CUSTODY, CAN YOU GIVE AN OPINION AS TO HOW THE COURT IN COLOMBIA WILL RULE,, further the father will not agree to the child going to Disney world for a vacation with the mother,, also please remember this is Colombian courts were nothing seems to be reasonable,, by north american standards,, answer please, opinion???
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under Colombian law, the father has equal rights to the child as the mother once paternity is established. The courts in Colombia, unlike US courts, are quite harsh to mothers who interfere with the father's custody/visitation rights. Thus, in Colombia, absent extraordinary circumstances the courts give fathers many more rights than the US courts. However, one instance where the Colombian courts will restrict, but not remove rights from the father is violence against the mother or the child and in that event the courts will consider removing custody rights, but would still grant the father rights to visitation with the child.
The Colombian courts really are more in favor of maintaining the father's rights to custody and share in the upbringing of the child, so if she shows the court he has not participated in the upbringing at all, then that would also be in her favor for the court granting her full custody, but she has to show almost total neglect of the child by the father.

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