International Child Custody

[El chabon]

Now the reality:

Husband 'sentenced' for 21 years for trying to kill his wife. His wife went to the police station every day for one year straight to report her abusive husband

Keep dreaming

 

[TheBlackHand]

Not trying to be nasty but you should have thought about these things before bringing a child to the world. It's not even a couple months old and you sound like you're already ready to take him from his father. Not fair to the child or the father. Just imagine if the shoe was on the other foot, how would you feel ? What's done is done but I can't help but be saddened for the child most of all.

Now as to your questions, I would definitely consult an Argentinian lawyer who specializes in family law, this sounds way too important to be fiddling around asking armchair experts full of misinformation. Go directly to the source.

Hi,

I gave birth to my son two months ago with my argentine boyfriend. Since the birth, things have been quite bad and he has threatened to take him on a number of occasions. Its gotten to the point that I don't want to be here.

I have already gotten him his US citizenship, and so I want to know what rights I have as a technically "single mother" to taking him back to the states. Argentina isn't apart of the hague countries and I wouldn't dream of "abducting" my child, but I know that we would be much better on living in the states.

Does anyone have any recommendations for an international custody lawyer? As I think I need to talk to someone asap to get all of this information in writing.

Also, keep the nasty remarks to a minimum please... I'm just looking for some help to get myself and my child out of a terrible situation.

 

[El chabon]

Farther protection in Argentina is probally one of the only few things that work better in Argentina then in most places in the rest of the world

 

[El chabon]

Also, keep the nasty remarks to a minimum please... I'm just looking for some help to get myself and my child out of a terrible situation.

You need 2 people to bring a kid the world, so it can never be your kid but always our.

 

[citygirl]

You need 2 people to bring a kid the world, so it can never be your kid but always our.

It's only "our" kid if both parties are actively participating in raising the child and supporting him/her emotionally/financially.

Sorry, I know of more than a few situations where the father (in these particular cases) has nothing to do with the child, doesn't support the baby emotionally or financially and yet won't let the mother leave Cap Fed with the baby out of what I can only assume is spite.

 

[TheBlackHand]

So your suggestion is for this woman to risk becoming an international fugitive by kidnapping an Argentinian citizen all the while enlisting the help of the US government to skirt Argentinian and international laws and treaties??? Are you serious ?

Like really really serious or is this the BA Expats version of Punk'd ?

It's merely a suggestion of a route to explore from someone who has gone through the process. I have an American passport. It states my foreign place of birth. I have a birth certificate from the foreign country I was born which states both mother and father and their respective nationalities. I've lived my life in the US and as a child traveled many times without any issue on an American passport with only my mother to from South America (an without a letter of permission from the sperm donor). Of course this was pre 9/11.

On a side note, I have travelled over a dozen times with my children thoughout South America and Europe without my spouse and I have never been asked to produce a letter of permission front their father. I have always had one ready in case that has been notarized and translated into the current language. BUT, I have yet to be questioned as to my travels with my children and had any agents inquire about their father. I'm aware what is written about traveling alone with children but in my experience it isn't how it's been applied. Then again, there maybe someone else out there that has had a completely different experience. This is simply my own experience.

 

[TheBlackHand]

Sounds like the horror stories you hear about women who take their children to foreign countries their husbands are from under false pretexts only to be stripped of all rights to go home with their children the minute they arrive or when things " don't work out ". Glad to hear the moral compass of this forum is just about the same as what a sexist backwards Arab would do to women in his own country.

Obviously this is extremely sticky as everyone has explained. My advice would be to make up with your boyfriend, tell him you want to start over together in the States and that everything will be easier there. All three of you go there together on vacation to see if you like it, to meet the family, whatever.... and then when you get there maybe things will work out and you can start his visa process, or maybe they wont and he can decide to come home by himself - end of story.

 

[El chabon]

It's only "our" kid if both parties are actively participating in raising the child and supporting him/her emotionally/financially.

Sorry, I know of more than a few situations where the father (in these particular cases) has nothing to do with the child, doesn't support the baby emotionally or financially and yet won't let the mother leave Cap Fed with the baby out of what I can only assume is spite.

Its 2 months and 9 months of pregnancy. Talking About my kid is à total disregard to the father, hence probally the reason for the fighting

 

[sleslie23]

Sounds like the horror stories you hear about women who take their children to foreign countries their husbands are from under false pretexts only to be stripped of all rights to go home with their children the minute they arrive or when things " don't work out ". Glad to hear the moral compass of this forum is just about the same as what a sexist backwards Arab would do to women in his own country.

I thing you are confusing "moral compass" with "legal reality." If our subsequent conjecture about the OPs brief post is true, then sure, morally she "should" be able to leave with the child. However, legally, there are serious, complicated issues and a wrong move could prove disastrous.

This board is a great place to find peanut butter, moan about not being able to change pesos to dollars, and occasionally serve as a pulpit for discussing morality, libertarianism, and the UBA communists.

But beyond that it doesn't provide much. This woman needs clear, accurate legal advice as other have pointed out. Hopefully she has found someone who can provide that beyond this thread.

 

[El chabon]

I thing you are confusing "moral compass" with "legal reality." If our subsequent conjecture about the OPs brief post is true, then sure, morally she "should" be able to leave with the child. However, legally, there are serious, complicated issues and a wrong move could prove disastrous.

This board is a great place to find peanut butter, moan about not being able to change pesos to dollars, and occasionally serve as a pulpit for discussing morality, libertarianism, and the UBA communists.

But beyond that it doesn't provide much. This woman needs clear, accurate legal advice as other have pointed out. Hopefully she has found someone who can provide that beyond this thread.

There is no way you can make a moral argument taking the kid away from the father without a legal basis.

She got pregnant and willing got a kid with the father in Argentina, she had plenty of time to inform herself about all possible consequences