The rights of fathers in Colombia

Gator says on Oct 8, 2006, 14:33:

You Have... a BIG problem!!!! Without that permission from the biological father forget removing the child until the age of 18. You only hope is to pay off the biological father or have her go to the Juzgado de Familia (Family Court).

Under Colombian Law he has every legal right to withhold permission for his baby to leave. DAS will NOT allow her to board without this permission.

My suggestion is file a complaint with the family court (called a Juzgado de Familia) having jurisdiction and seek an order giving sole custody to the mother and including permission to exit Colombia with the child. DAS will accept this and allow the child to leave.

Be prepared to provide the following:

1. The father has abandoned the child and does not/has not visited or made contact.

2. The father provides no support for the child. If he provides support no matter how limited, the petition is IMHO in trouble.

Here is the Spanish version for your novia:

No habiendo acuerdo entre los padres para que el menor salga del país, debe acudirse a la vía judicial con bastante antelación.

Solicitud de permiso para que un niño, niña o joven salga del país cuando carezca de representante legal; se desconozca su paradero; no se encuentre en condiciones de otorgarlo o se halle en la situación consagrada en el artículo 94 del Código del menor.

En que consiste el trámite

El representante legal del menor o la persona de quien dependa, presenta ante el respectivo funcionario petición escrita expresando con claridad y precisión los hechos y circunstancias que la motivan, el tiempo de permanencia del menor en el exterior y las personas que puedan declarar sobre la veracidad de los hechos objeto de la petición. El Defensor de familia de inmediato ordenará la citación a los padres o guardadores, la práctica de una investigación socio-familiar y las demás pruebas conducentes. El representante legal se citará mediante aviso que se publicará por una sola vez en periódico de amplia circulación. Si durante el trámite de las diligencias se presenta oposición al permiso por uno de los representantes legales del menor, se suspenderá la actuación y se pasarán las diligencias a los Jueces de Familia o Jueces Municipales quienes serán los competentes de otorgarlos.

Requisitos y documentos necesarios para el trámite

· Petición escrita motivando la solicitud de permanencia del niño o niña en el exterior· Nombres apellidos, documento de identidad y domicilio de por lo menos dos personas que pueden declarar sobre la veracidad de los hechos. Registro civil de nacimiento del niño o niña · Registro civil de matrimonio de los padres · Registro civil de defunción (según el caso) Las demás pruebas que se pretenda hacer valer, Lugar al cual debe acudir el ciudadano Centro Zonal más cercano al lugar de residencia del niño o niña para quien se solicita el permiso.

I would allow two to three months. Based on the little information provided I personally think there is going to be rough sledding without that written permission. He apparently is being a good father which will sit well with the court. But good luck and I hope it has a happy ending.



"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

0 funny, 0 helpful.

beachboy45 says on Oct 8, 2006, 16:21:

Hey Gator, many thanks for this information! I really appreciate this feedback!, wish you the best!, Scott

0 funny, 0 helpful.

Gator says on Oct 8, 2006, 19:19:

Good Luck, Amigo nt

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

0 funny, 0 helpful.

. says on Oct 9, 2006, 05:28:

But.. But beachboy45 says that the baby's father still visits him and acts like a good father! then, Gator's suggestion is not viable. This is not as easy as to write down a letter saying that the father has abandoned the child and does not/has not visited or made contact, because you will need to prove it, as this is not true, you will stir something that is not yet up, the baby's father is not going to be very happy for that and the probabilities he will sign a documents leaving his baby goes away will become less than now, plus the hate the father is going to feel for the baby's mom. Then, I suggest, you sit down with him with out the babi's mom around, tell him that you are able to offer the baby a great standars of education, a great life, that you will never take his place as a father and that he is welcome to the states when ever he wants to visit the baby. That will make the father thinks about the baby's life.

0 funny, 0 helpful.

Gator says on Oct 9, 2006, 07:04:

I thought that's what I said? "But beachboy45 says that the baby's father still visits him and acts like a good father! then, Gator's suggestion is not viable."

My observation: "Based on the little information provided I personally think there is going to be rough sledding without that written permission. He apparently is being a good father which will sit well with the court."

Your comment, not mine: "This is not as easy as to write down a letter saying that the father has abandoned the child and does not/has not visited or made contact, because you will need to prove it,..." I NEVER made a suggestion anyone lie in a court proceeding-never have never will.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

0 funny, 0 helpful.

miamimike says on Oct 9, 2006, 11:02:

Sounds like a Blueprint for Disaster, involved with a Woman like this. I have to question where her head is letting the Father come around like "He still is good father" but in the same statement, he pays NO child Support? The Father is simply a Bum! Why would a self respecting woman let a Deadbeat Dad like this person even come around? I'd pass on her and find aother unencumbered by a young child, there are many. I've seen a few cases like this before and the Father was always wanting to inject his advice into how the child was being raised but offered no $$$ support, that $$$ went to partying with the latest girlfriend. The Father BTW caused a lot of problems for the Stepfather and in one case, the marriage broke up because of it,,,,Caveat Emptor

Avatar Legend: Bush "If any of you Reporters are wondering, it was a Size 10"

0 funny, 0 helpful.

. says on Oct 9, 2006, 12:29:

Gator I did not say it was your comment, did I? I did not meant that ether, did I? the fact the father is poor, does not mean he is a bad father, it was just a 5 minutes mistake between the couple, unfortunatelly the guy is poor. Probably this guy is trying to get forward then he will be able to give his child what he needs. I think this is not right to let some one down just because of lack of money, I have met so many couples that made that mistake so young, with out a financial security, but they, 14 years later are very fine with great jobs. The guy loves his child, and that is great, from love everything will come.

0 funny, 0 helpful.

toneloc24 says on Oct 9, 2006, 14:12:

Beachboy - tough advice here Seriously, walk away from this now. Nothing but heartache to come on your end. Since the baby is only 10 months old, you probably can't have become too attached to this lady, esp. in so short of a time. As many of my Colombians friends have told me, save yourself the grief. There are many other available ladies with less baggage.

This Colombian father, no matter how little money he is contributing, does have an interest in the child, esp. at 10 months old. If he was going, he would've already been gone. He's not going away, nor letting his child leave. Forget about that. The Colombian law is squarely on the father's side. The father will probably have no problem with you taking the lady, but not the child.

"PBH is dead!!!!"

0 funny, 0 helpful.

Plato says on Oct 9, 2006, 16:09:

BB45,Sounds like you have BB45,

Sounds like you have some very noble intentions. Is there a time frame here? Can you just wait this out a bit a see what happens? It's a very emotional situation for the father. Perhaps the baby will benefit greatly in the States with your help. Are you up to that responsiblity? If you are, then maybe the mother, or even you, can convey that to the father.

Every parent wants the best for their child. Can he offer something similar to his child in Colombia? The point is that he should not feel the mother is running away with his child and that he will never see his child again. You would have to keep in contact with him and give updates on his child's progress. Send pictures, report cards. When the baby is old enough to write, have him (her?) send the father letters and so forth. Visits to Colombia are not out of the question either unless he able to visit the States on his own.

Colombian men may feel funny about this because of the "machismo" deal. But who knows if he's open to this if presented in the right way. BB45, it certainly does take a community to raise a child and you could be part of the baby's community - a very important part. If things work out, some day the baby will love you for keeping the father in the picture even though he's in a different country. The world is getting smaller and smaller as we know. It's not far-fetched to go this route.

My comments above are based on what I read in your post only. In these situations, there are always underlying things not openly expressed or dealt with. If that's the case, take those into consideration and see if what I suggested is still a viable solution.

I apologise in advanced for any discomfort my points may cause you.



Regards,

Plato

The hottest places in hell are reserved for those [liberals] who, in time of great moral crisis, maintain their neutrality.--Dante Alighieri, (1265-1321)

0 funny, 0 helpful.

webmanco says on Oct 9, 2006, 17:40:

so desperate to leave the country I said leave the girl alone for at least a year, I dont't think you know her for long time. She might reconciliate with her ex-boyfriend and the father of her son.

Personally I would not let my son out of the country, period. If the girl is so desperate to leave the country with another man, she can go but leaving the kid with the father.

...A yo, déjenme queto y no me jodan má! ...

0 funny, 0 helpful.