Agreements regarding minor children in the event of divorce
In Colombia, in case of divorce and there are minor children involved, the law establishes the importance of reaching clear and fair agreements in relation to the children, always prioritizing their welfare and protection. In this sense, there are some basic agreements to be reached, under the supervision and approval of a family defender, who will be notified by the notary of the agreement reached by the spouses.
The family ombudsman shall issue his opinion within fifteen days of notification. The legally supported observations made by the Family Advocate regarding the protection of minor children shall be incorporated into the agreement, if accepted by the spouses. Otherwise, it will be understood that they have withdrawn from the execution of the Public Deed, and the documents of the interested parties will be returned, under receipt.
On the other hand, if the family defender has not provided his opinion within said term, the notary shall leave a record of such circumstance, authorize the deed and send a copy at the expense of the interested parties.
The agreements to be reached are as follows:
- The obligation or alimony quota, which will be in accordance with the economic capacity of the person who must provide it. It is pertinent to clarify that food is understood as everything necessary for the integral development of children and adolescents, that is, everything indispensable for the sustenance, housing, clothing, medical care, recreation, education or instruction of the minor.It is important that the parents reach an equitable and realistic agreement regarding the child support payment, considering factors such as educational, health, clothing, food and recreational expenses of the children. In case of disagreement, the family judge may be called upon to intervene and will determine the amount of the alimony according to the specific circumstances of the case.
- Custody of children. In Colombia, there are two types of custody: legal custody and residential custody. The first refers to the right of one of the parents to take the following measures decisions related to the welfare and care of the child, the second refers to the care of the child at home. It is important to clarify that joint custody can be determined.
- The visitation regime with the periodicity of the same, refers to the time required by the parent who does not live with the child to share with him, either every weekend or every fifteen days, the same applies to the vacation season, birthdays, Christmas, end of the year, etc..
The agreements that must be reached in Colombia regarding minor children in the event of divorce are fundamental to guarantee their well-being and healthy development. The determination of custody, visitation, child support and shared decision-making are key issues that must be addressed in a fair and consensual manner. Colombian legislation seeks to protect the rights of children and promote the cooperation of parents for the benefit of their emotional and physical well-being.