Shared Custody in Colombia: What It Is, When It Applies, and How to Request It
## Custody in Colombia
When parents separate, custody of minor children can take the form of: - Sole custody: one parent has physical custody and the other has a visitation schedule - Shared custody: both parents share responsibility for day-to-day care
The best interests of the child is the determining criterion in every custody decision.
What exactly is shared custody?
Shared custody means the child lives with each parent on an alternating basis (alternating weeks, two-week periods, etc.). Both parents are actively involved in day-to-day parenting.
It should be distinguished from joint parental authority (patria potestad conjunta), which is the right of both parents to participate in major decisions (education, health, travel) — this applies regardless of who has custody.
When does a judge grant it?
A judge weighs: - Each parent's availability in terms of time and location - The parents' ability to communicate and cooperate - The child's own wishes (if old enough to have a say) - The child's emotional bond with each parent - The child's emotional stability - The distance between the parents' homes
Shared custody is more viable when the parents live nearby and maintain respectful communication.
Impact on child support
Under shared custody, child support is reduced proportionally to the time the child spends with each parent, but it doesn't disappear entirely. The higher-earning parent typically still pays a reduced amount to the other.
The reasoning is that if both parents spend directly on the child during their own care time, the support payment only needs to cover the gap between their financial capacities.
How to request shared custody
- Conciliation before a Family Commissioner's Office or the Ombudsman's Office — if there's agreement, this is the fastest route
- A custody lawsuit before the Family Court — if there's no agreement
In the court process, the ICBF (Colombian Family Welfare Institute) may be called to give its opinion, and the judge can order psychological evaluations of the parents and children.
If the other parent doesn't comply with the arrangement
When a parent fails to return the child on the agreed days, or blocks the other parent's visits: - A precautionary measure to return the child can be requested - Repeated non-compliance can be grounds to modify custody - In serious cases, it can amount to the criminal offense of child abduction
Do you want to request shared custody, or is the other parent failing to comply with the visitation arrangement? We can guide you through the steps for your specific case.
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