Custodia compartida y corresponsabilidad parental en Colombia

Abstract

The present essay intends to analyze the reality of the rights of children and adolescents, when applying custody and personal care, given the importance they have on the lives of minors involved in the separation or divorce proceedings of their parents. the attribution of custody of minors is determined by the supremacy of the Higher Interest of the Minor. Currently, the growing number of separated or divorced parents in Colombia have joint physical custody of their children. A comparative study of the ICBF found that they spent approximately half the time in two houses. Studies on the attributions of shared custody of minors are still scarce in our environment. Therefore, this essay studies the reasoning on the attribution of custody of minors, and the regulatory measures between the parties, issued by the courts as well as to explain the evolution and advantages of shared custody versus exclusive custody. In this study, evidence was revealed that all the sentences analyzed were motivated, showed an increase in favor of the attribution of joint custody and a decrease in the exclusive custody attributed in favor of the mother.