Shared custody in Colombia: a legal and practical guide for parents

Shared custody in Colombia: a necessary shift

When a couple with children separates, it raises a question no parent wants to face: who will the children live with? In Colombia, the historical tendency has been to award custody to the mother, but the legal and social landscape is changing. More and more Colombian fathers are seeking an active role in raising their children after separation, and the courts are responding by recognizing that children's wellbeing is better served by the meaningful presence of both parents.

Shared custody in Colombia still generates a great deal of uncertainty, however. The legal framework does not explicitly use the term "shared custody" in the same way as other countries, which creates confusion among parents. The process can be resolved by agreement or through the courts, and the role of the Instituto Colombiano de Bienestar Familiar (ICBF) and the family commissioner offices (comisarías de familia) is central throughout.

Colombia's Constitutional Court has established that both parents have equal rights with respect to the custody of their children. Automatically awarding custody to the mother on the basis of gender violates the right to equality and the best interests of the child.

The legal framework for custody in Colombia

The Code on Children and Adolescents (Ley 1098 de 2006)

Ley 1098 de 2006, known as the Código de Infancia y Adolescencia (Code on Children and Adolescents), is the primary law governing the rights of children and adolescents in Colombia. It establishes that minors have the right to a family and not to be separated from it, to custody and personal care, and to have their rights take precedence over those of others.

Article 23 establishes that children and adolescents have the right to have both parents actively involved in their upbringing and development, regardless of the state of the couple's relationship. Article 22 enshrines the right to a family and not to be separated from it -- a provision that courts interpret as the foundation for maintaining meaningful contact between both parents and their children after separation.

Although the Code does not use the phrase "shared custody" explicitly, its intent is clear: the best interests of the child require the active participation of both parents. Family court judges and ICBF family advocates apply this principle when evaluating custody arrangements.

Conciliation: a mandatory step before going to court

One distinctive feature of the Colombian system is that conciliation is a mandatory prerequisite before any family jurisdiction proceedings can begin. This means that before initiating a custody lawsuit, parents must first attempt to reach an agreement through a conciliation process at one of the following:

• Comisarías de familia (family commissioner offices): These are the first point of contact for family disputes in Colombia. Family commissioners have authority to establish provisional custody arrangements, child support payments, and visitation schedules. Agreements reached through the comisarías carry the same legal force as a court judgment.
• Centros de conciliación (conciliation centers): Publicly and privately authorized entities recognized by the Ministerio de Justicia, where a neutral conciliator facilitates an agreement between the parties.
• ICBF (Instituto Colombiano de Bienestar Familiar): Through its family advocates (defensores de familia), the ICBF intervenes in cases where children's rights are at risk and can establish protective measures and provisional custody arrangements.

Once signed by both parties and the conciliator, the conciliation agreement (acta de conciliación) has the legal force of a court judgment. This makes it a powerful and efficient tool for defining custody without the need for lengthy litigation.

The judicial custody process

When conciliation fails, either parent may petition the family court to determine custody. The judicial custody process in Colombia involves:

1. Filing a claim with the family court: A lawyer files the claim requesting custody and proposing a visitation schedule for the other parent.
2. Response and evidence: The other parent responds and both parties present evidence -- witness testimony, psychological reports, school records, and any other evidence demonstrating their capacity to care for the child.
3. Opinion from the family advocate: The ICBF issues an opinion on the family situation and makes a recommendation to the judge about the arrangement that best serves the child.
4. Hearing and judgment: The judge hears both parties, evaluates the evidence, and issues a ruling, always prioritizing the best interests of the child.

Colombian judges are increasingly considering shared custody as a viable option, particularly when both parents demonstrate capability, availability, and a willingness to cooperate. The Constitutional Court, in rulings such as T-090 de 2022, has reaffirmed that frequent and meaningful contact with both parents is a right of the child.

Practical co-parenting in Colombia

Child support: a shared obligation

Child support (cuota alimentaria) in Colombia covers everything necessary for the child's subsistence: food, clothing, housing, education, recreation, healthcare, and funeral expenses. Both parents share this obligation, in proportion to their respective financial capacity.

In practice, when one parent holds primary custody, the other is required to pay child support. There is no fixed percentage set by law, but Colombian courts typically set payments in the range of 20% to 50% of the paying parent's income, depending on the number of children and the specific needs of the child.

Under a shared custody arrangement, child support is adjusted to reflect the fact that both parents bear direct costs during their respective custody periods. If there is a significant income disparity, the judge may establish a compensatory payment to balance conditions across both households.

Failure to pay child support in Colombia carries serious consequences. Article 233 of the Penal Code classifies non-payment of support (inasistencia alimentaria) as a criminal offense, with prison sentences of 16 to 54 months and fines of 13 to 30 statutory minimum monthly wages.

Structuring parenting time

There is no single shared custody model that works for every Colombian family. The most common arrangements include:

• Alternating weeks: The child spends one full week with each parent. This works well when both parents live in the same city and close to the child's school.
• 2-2-3 schedule: The child spends two days with one parent, two days with the other, and three days with the first, alternating each week. This is well suited to younger children who need frequent contact with both parents.
• Extended weekends: One parent has primary custody during the school week and the other has the child from Friday to Monday. While not a 50/50 arrangement, it still allows for meaningful time together.
• Extended holiday periods: When parents live in different cities, the child may spend the school terms with one parent and holidays with the other.

The key is that the chosen arrangement responds to the child's needs, not the adults' preferences. The child's age, the distance between homes, school and work schedules, and the quality of each parent's relationship with the child are all determining factors.

Holidays and special dates in Colombia

The Colombian school calendar -- with its two main holiday periods (June--July and December--January), the Semana Santa and October breaks, and public holidays -- needs to be planned well in advance. A clear agreement on special dates prevents recurring conflicts:

• Mid-year and end-of-year school holidays (alternating each period)
• Semana Santa and the October school break
• Mother's Day and Father's Day (each child with the corresponding parent)
• The child's birthday (ideally shared or alternated)
• Regional festivals and family traditions

Digital tools for separated Colombian families

Co-parenting in Colombia comes with its own logistical challenges. Colombian cities, with their heavy traffic and long distances, mean that coordinating between two households requires a level of organization that goes well beyond WhatsApp messages. Best practices for communication between divorced parents recommend centralizing all information in a single place accessible to both parents.

Niddo offers exactly what Colombian families navigating shared custody need: a shared calendar where both parents can see custody periods in real time, an expense-tracking system where every payment is logged with its supporting receipt, and a communication channel focused exclusively on the children. Fully in Spanish, with an interface designed for the reality of Spanish-speaking families.

When all co-parenting information is centralized, misunderstandings decrease, arguments about money diminish, and children experience the kind of organized routine that gives them a sense of security. For a comprehensive overview of how to structure shared custody, see our complete co-parenting guide.

60% of conflicts between separated parents in Colombia relate to child support and the organization of parenting time. A transparent expense-tracking system and a clear calendar eliminate the majority of these disputes.

Conclusion: your children deserve both parents

Shared custody in Colombia is a growing model that reflects an undeniable reality: children need both parents. The Colombian legal framework, though still evolving, provides the tools for both parents to take an active role in raising their children. Conciliation as a mandatory first step, the role of the ICBF, and the Constitutional Court's case law are laying the groundwork for more equitable co-parenting.

If you are going through a separation in Colombia, consult a family lawyer, visit your local comisaría de familia, and explore conciliation as a first option. If your situation involves a cross-border element -- for example with Mexico -- our guide on shared custody in Mexico may offer a useful comparative framework. Seek an arrangement that prioritizes your children's wellbeing above any differences with your former partner. And rely on tools that make day-to-day organization easier.

Download Niddo and start organizing co-parenting with a shared calendar, expense tracking, and centralized communication. Your children deserve to see that their parents, though separated, can work together for their wellbeing.