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how to become a legal guardian in colombia

my wife is here child is there col,you know the story the grandmother has taken care of the child for over 1 yr and he has lived with the family since he was two.Does anyone know how the grandmother can become the legal guardian because there is no written custody agreement or court document as my wife was never married to the father.He sees the child once a month and pays on occasion-is this a complex procedure?and what is the cost.

By tommypac2002 on Jul 2, 2008, 07:29 in Visa & paperwork. AddThis Social Bookmark Button


dwmte7 says on Jul 2, 2008, 07:40:

tommy, kinda depends on where you are. give me a hint. if it's in and around medallo, i personally know an attorney for umpteen years that i can recommend for help. he's honest, something rare in attorneys no matter where you are.

are you planning on bringing the child "here"? give some thought to that before making out costodial paper work.

dwmte

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vicshere says on Jul 2, 2008, 08:40:

sounds like the mother abounded the child...if the father or grandmother were smart they would have taken the custody away from the mother a long time ago and become the legal guardians of the child taking the mother out of the picture

listo

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Gator says on Jul 2, 2008, 08:58:

i am afraid the father will be involved-like it or not. the killer comment is, "He sees the child once a month and pays on occasion-" My suggestion is retain an attorney because one will be needed.

If he is not willing to voluntarily consent to the guardianship and or an adoption then you are in for a court fight. In any event the place you start is the Colombian family court. Did your wife list the child on the application for the visa? If not then a claim of abandonment would be a valid plea.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

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dwmte7 says on Jul 2, 2008, 16:04:

family court in colombia: bienestar de familia....they have offices everywhere. however, as stated above, if the father shows some modest involvement in the childs life, it'll be a cold day in hell that he's taken out of the picture...not in colombia. not even with a lengthy, costly court battle. just don't happen there. he does...even though minimally...what countless absentee colombian fathers don't. so the courts are totally reticent to exemplify one who does express paternal responsibility. we needs bare in mind, that it's not easy to have excess money in colombia to support absent children. it's very difficult for the average labor worker. they help support their parents and siblings as well. remember, we haven't heard his side of the story. he at least deserves credit for his participation which might well be more than herein mentioned.

dwmte

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aracne says on Jul 7, 2008, 08:57:

In order to have the grandmother as legal guardian it will require the proof that neither the mother nor the father actually takes care of the child. In this case I don't think that is the intention since it will do no good for future opportunities for the child to gather his mother, am I right? Same happens with the father, if he actually sees him even once a month and participates in any way with the expenses. The only reason for a colombian court to name a third person as legal representative or guardian of a child is the fact that non of the parents are able (moral, social, personal or economical) or capable to support the child or that he will be in physical or psicological danger if he maintains contact with the parents. So I wonder: What will be the purpose on seeking the designation of the grandmother as legal guardian?

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