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Child custody in Colombia

The court decides what is best; no automatic rule

In Colombia both parents hold parental authority, and a family commissioner or the court decides custody by the child's best interests.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what the law provides before a court looks at a particular family. A court decides what is best for the child in the case in front of it. Family law is reformed often, and a case with a foreign element is complex. This is general information, not legal advice.

If the parents are married

Both parents hold parental authority.

If the parents are not married

Both parents hold parental authority once parentage is established, whether or not they are married.

The unmarried father, in one line: Both parents have it, married or not, once the father's paternity is established.

After a divorce or separation

Parents can agree on custody and contact before a family commissioner (Comisaría de Familia) or a notary. Failing agreement, a family judge decides by the child's best interests.

What the child can say

The child has a right to be heard in any proceeding that affects them.

Moving house or moving abroad with the child

The official sources do not give a simple rule on this point; where parents share responsibility, taking a child to live abroad generally needs both parents' agreement or a court's permission.

If the parents live in different countries

Colombia is a party to the 1980 Hague Child Abduction Convention, which lets a parent ask for a child wrongly taken to another country to be returned. It works only with countries that have accepted its accession, so check the other country on the treaty status table.

Understand the legal system first

Colombia belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the Colombia legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Colombia? →
Divorce rate and trend in Colombia →

Official sources

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TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.