When a couple separates and minor children are involved, custody is one of the most sensitive matters. The situation becomes even more complex when one of the parents lives outside Colombia. What happens if the father or mother resides abroad? Can you maintain or request custody from another country? What rights does the non-custodial parent have?
In this article, we explain how to legally manage child custody in Colombia when one parent lives abroad.
👨👩👧 What is custody?
Custody refers to who has the personal, day-to-day care of the minor: where they live, who they spend their daily life with, and who makes everyday decisions.
It should not be confused with parental authority (patria potestad), which is the set of rights and duties that both parents have over their children, and which is normally retained even after a separation.
🇨🇴 Who decides on custody in Colombia?
Custody can be established in three ways:
- By mutual agreement between the parents, with or without the intervention of a judge.
- By decision of a family judge, when there is no agreement.
- Through conciliation, if both parties reach an agreement before a family commissioner's office (comisaría de familia), a family ombudsman's office (defensoría de familia), or a conciliation center.
🌍 What happens if one parent lives abroad?
✅ If the parent abroad has custody:
- They can retain it if they prove that the minor lives with them outside the country under adequate conditions.
- There must be express authorization from the other parent or a judge if the minor travels with them outside Colombia.
✅ If the parent abroad does not have custody:
- They can request a virtual visitation schedule or in-person visits when traveling to Colombia.
- They can file for shared or full custody if they believe it is in the best interest of the child.
- They have the right to remain informed about the child's life, education, health, and more.
⚖️ Can custody be modified from abroad?
Yes. A mother or father residing outside Colombia can file a custody lawsuit from abroad through a legal representative in Colombia.
You will need:
- A special power of attorney, notarized and apostilled in your country of residence.
- Evidence justifying the change of custody (mistreatment, neglect, better living conditions provided by the applicant, etc.).
- Information regarding the minor and the parent who currently holds custody.
🧒 What does a judge consider when granting or modifying custody?
The judge will always prioritize the best interests of the child. They will evaluate factors such as:
- The environment in which the child currently lives.
- The emotional and financial stability of each parent.
- The availability to provide affection, education, health care, and dedicated time.
- The age of the child and their opinion, if they have sufficient maturity.
💻 What if I want to maintain contact with my child from another country?
You can request a virtual communication regime, which may include:
- Regular video calls
- Supervised text messaging
- Participation in special dates and celebrations
This can be established by mutual agreement or by court order.
✈️ Can I take my child to live with me outside Colombia?
Only if:
- You have custody or the other parent's authorization.
- You have the minor's travel authorization (exit permit) to leave the country.
- In cases of disagreement, you can petition the judge to authorize the international travel if it is in the best interest of the child.
🤝 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.
We are passionate about making justice accessible no matter where you are. Whether you are in the U.S., Spain, or any other country, you will find in us a strategic ally to protect your parental rights and ensure the well-being of your children in Colombia.
