Are you a Colombian mother or father living abroad who wants to obtain custody of your child in Colombia? Even if you are outside the country, it is possible to exercise your rights and legally protect your child, even without returning to Colombia.
In this article, we explain how to obtain custody of a minor when one of the parents is outside the country, and the steps to follow.
👨👩👧 What is custody?
Custody is the right and duty to care for, live with, and make daily decisions regarding a minor. It should not be confused with parental rights (patria potestad), which is a broader set of rights over the child (legal representation, asset administration, etc.).
🌍 Can I obtain custody from abroad?
Yes. You do not need to be in Colombia to start the process. You can do it:
- Through a lawyer in Colombia acting as your legal representative.
- By granting a special power of attorney, signed at a Colombian consulate or before a notary in your country (apostilled if not done at a consulate).
✅ When can custody be requested?
You can request custody if:
- The minor lives in Colombia and you are abroad.
- The other parent has the minor, but you believe that their well-being is not being guaranteed.
- There are conflicts or disagreements about who should have custody.
- Both parents agree, but want to formalize a legal agreement from abroad.
🛠️ Legal avenues to obtain custody
1. Conciliation at a family center (comisaría de familia) (if there is an agreement)
If both parents agree, they can sign a consensual custody agreement before a family center in Colombia, through attorneys.
👉 You can send a power of attorney stating your express consent from abroad so the agreement can be signed on your behalf.
2. Custody lawsuit before a family court judge (if there is no agreement)
If the other parent does not agree or the living situation is not suitable for the minor, a judicial proceeding can be initiated before a judge in Colombia, with the following steps:
- Custody lawsuit filed through an attorney in Colombia.
- Evidence demonstrating your relationship with the minor, your ability to exercise custody (even while living abroad), and the child's current living environment.
- The judge will listen to the minor (if they are of sufficient age) and evaluate what is in their best interest.
- You can also request virtual visits or supervised travel arrangements.
📄 Required documents
- Minor's birth certificate (registro civil).
- Documents proving kinship (parents' birth certificates).
- Evidence of your emotional bond and caregiving capacity (calls, money transfers, visits, etc.).
- Notarized or apostilled power of attorney for a lawyer to represent you.
🧒 Is it possible to have custody while living abroad?
Yes. In cases where the minor can travel or you can ensure their well-being from abroad (with the help of family in Colombia or a support network), the judge can grant you custody.
Additionally, you could obtain:
- Joint custody with a virtual or long-distance arrangement.
- Authorization for the minor to live with you abroad, provided you meet the legal requirements.
🚫 What happens if custody is not legally defined?
When there is no legal agreement or court ruling, issues can arise, such as:
- Travel outside the country without proper authorization.
- Conflicts regarding educational or medical decisions.
- Difficulty exercising visitation or oversight rights.
That is why it is essential to formalize custody, especially if you live outside Colombia.
🤝 At CHS Abogados Asociados…
At CHS Abogados Asociados, we are dedicated to helping Colombians handle legal proceedings and formalities remotely, without travel, without unnecessary expenses, and with guaranteed reliable service.
If you live abroad and need to obtain custody of your child or actively participate in their care from another country, you will find in us a strategic ally to protect your rights and those of the minor.
