International Child Custody

[glasgowjohn]

If the baby was born here , he can only leave on an Argentine passport. Even if he has a US passport , Argentina views all children born here as Argentine nationals

 

[nikad]

That is not true, when you are a tourist you can travel in and out of the country with your child (and without the other parent) as much as you want, without official documents.

We even had minor children visiting us alone, flying alone. they had the national belgian permission with them but didn't have to show it. Not here and not in Belgium.

The baby is Argentine in this case.

 

[El chabon]

The baby is Argentine in this case.

And one of the parents as well

 

[El chabon]

If the baby was born here , he can only leave on an Argentine passport. Even if he has a US passport , Argentina views all children born here as Argentine nationals

I am assuming the American pasport says born: xxxx, Argentina and that will trigger some alarmbells at the immigration desk

 

[nikad]

I also gave birth to my little girl here in Argentina. So she has the Argentine nationality also.
My husband and I are both Belgian, but every time when I travel alone with her to Europe, I need to present her official (not certified copy!) birth certificate together with a paper (certified by an “escribano”) where he gives me the permission to travel with her.

It is very hard to take a baby out of the country without the permission of the father, especially when it has the Argentine nationality.
Honestly, a friend of mine is in the exact same situation as you and she still didn’t found a solution yet. I don’t want to discourage you, but it will be very, very hard…
The “only” thing you need is the permission of the father…

I have a friend who is from Uruguay, she has a daughter born in Argentina. The father abandoned them both years ago, she still can´t travel to Uruguay with her daughter. Fortunately she is turning 18 this year, so the nightmare will be over.

 

[citygirl]

I will say (and sorry to be the bearer of bad news) that I know of 2 ppl here who had the same situation and both have had to stay in Arg as the father won't give permission to leave despite not being very involved.

 

[katti]

but honestly, the baby is just 2 months old?? You both barely got used to the situation of being a parent -which is not always easy. isn't is soon to give up?

 

[Parvati]

I am sorry...
To take the baby out of Argentina as an American, you'll need not only the American birth certificate from the embassy, but it has to be appostilled and translated into Spanish by a certified translator and sealed in the Colegio de Traductores here. I have a post on the services area where I list the translators and Escribanos I have used. And even so you need the father's consent letter signed by an Escribano to board the plane. To take the baby out as an Argentinian the father's consent and DNI are the only requirement.
I did a quick search and found this link. http://www.iaml.org/members/index.html they seem to have an affiliated lawyer here in BA. I'd interview several lawyers and see what options you have.
Good luck

 

[ElQueso]

What happens if the father or mother are not residents but perm-tourists?

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

My sister-in-law's parents aren't even here as perma-tourists (they live in Paraguay) and we have to jump through hoops every time she wants to go home to see the family just because she's now a permanent resident here.

The law (as it affects permanent residents who are minors, not citizens - that part was always there) actually went into effect December last year and caught MANY people by surprise. Including us. I took her and her cousin to the airport last year in the middle of December and she was not allowed on the plane. We had traveled back and forth many times, requiring only a permission to leave Paraguay previously.

USExpatMom, I'm sorry but you will have no recourse to bring your child out of Argentina that I'm aware of, without the father's permission.

The good news is that I don't think he would ever win a custody hearing to take him from you here (unless, maybe, you were to try to remove him from the country without his permission).

However, don't take our word for it. Go see a lawyer and make certain that you have no recourse. Unfortunately, I only know immigration lawyers. I wish I could help with a referral.

BTW - I'm assuming the father is listed on the birth certificate? If not, things could be a little different, and if he hasn't sued to be placed on the birth certificate. If that's the case, you might want to think about leaving now.

I know a family (expat husband, Argentine wife, daughter from the mother before the marriage) where the father of their daughter's child was not on the birth certificate (he didn't want to have much at all to do with her during the pregnancy, was an asshole and the girl didn't want anything more to do with him) - none of the three wanted him on it and the hospital didn't put him on it, jut the mother. within a month or so of the birth, the father sued for parental rights and was placed on the BC upon DNA testing to prove he was the father.

 

[Wander]

Sad to hear what you're going through. My recommendations would be to give yourselves some more time, maybe things will get better. Don't be afraid of his threats as you are the mother of the baby and even if he had the best lawyer he wouldn't be able to take the baby away from you. Also you should try to record his threats as this would be good evidence if it ever went to court. It is virtually impossible to get you and your baby out of the country without the above mentioned paper, I couldn't even go to Chile with my kids alone for the day. You have to keep on good terms with your boyfriend because if not he's never going to sign that paper and your visits home will have to be done alone. Good luck.