International Child Custody

[USBueExpat]

Could someone in your family assist you, your child, and your husband, to vacation in the U.S.?

 

[El chabon]

It doesn't matter, if the child is a permanent resident or a citizen.

Sorry but that doesnt answer my question if the mom/father(argentine) can take the kid(Argentine) abroad without the consent of father/mother(perm tourist)

 

[El chabon]

Could someone in your family assist you, your child, and your husband, to vacation in the U.S.?

Still won't work unless the dad signs that paper

 

[ElQueso]

Sorry but that doesnt answer my question if the mom/father(argentine) can take the kid(Argentine) abroad without the consent of father/mother(perm tourist)

I'm not sure why it doesn't. Perhaps I wasn't detailed enough.

In the case I mentioned, both parents are not residents or citizens of Argentina.

In the case you mention, one is a resident (citizenship status) and the other is not a legal resident or citizen.

It doesn't matter if one parent is Argentine and one is perma-tourist (non-resident), or in the case I mentioned, if both are non-residents.

If the kid is a citizen or permanent resident of Argentina, it does not matter the residency status of either (or both) parent(s). The permission of both parents is required for the kid to leave Argentina. The parentage is determined by the birth certificate that is presented on leaving and if both signatures are not on an apostilled document saying the kid has permission to leave, immigrations will not permit that kid to leave (certainly not without some monetary encouragement, at the least - I can attest to that but with no further comment).

Having said that, that is why I mentioned to the OP that if by some chance the father was not listed on the birth certificate, she may have a chance to leave the country. Of course, that may bring up other complicated issues, but it's a complicated situation anyway...

 

[ElQueso]

Also, I should mention, that let's say one parent is Argentine and the other US. The US parent lives in the US and rarely if ever supports or visits the child.

It could be in that case that Argentine courts would award sole custody to the Argentine parent, but it would require going to court and getting a judgement.

I'm not saying something like that couldn't happen, but under normal circumstances, even if the parent lived in the US, without some sort of court order, the Argentine parent, if the other parent is listed on the birth certificate, would need the permission of that other parent to leave the country with the kid.

 

[El chabon]

I highly doubt any court in Argentina will take off the rights of the father if there is no abuse or the like involved. Father's rights are really strong in Argentina

 

[El chabon]

The permission of both parents is required for the kid to leave Argentina.

So that means that ALWAYS the consent of the other parent is needed if one parent wants to travel with an Argentine kid out of Argentina?

 

[ElQueso]

I'd be willing to bet that if the father was a foreigner who never visited or supported the child, it could happen. At the very least maybe the courts would give permission to travel without removing the father's legal right as father apart from travel.

I'm not a lawyer for sure, I just know very well the part about what's required to get a kid out of Argentina having been saddled with that problem repeatedly. The part about the courts awarding mother sole custody under certain circumstances were just a supposition.

Otherwise, I completely agree about father's rights here. not an option for the OP, I think.

Unless the father is not named on the BC and she leaves Argentina before that fact is accomplished.

 

[ElQueso]

So that means that ALWAYS the consent of the other parent is needed if one parent wants to travel with an Argentine kid out of Argentina?

Yes, unless an authorized court intervenes. Or bribes paid.

BTW - I doubt "gifts" would work at Ezeiza or Newberry, or even Buquebus, but land border crossings in other places may be different...

 

[Cordobese]

Sorry I cant provide any advice but holy crap does that sound like a disaster!!!!!!!!!!!!!!!!