Parental Rights: Jurisdiction, Guardianship & Child Custody in Argentina

Jurisdiction (Article 357)

Deprivation, suppression, and restoration of parental rights must be decided by the judge of the Trial Chamber of the Court of Protection of Children and Adolescents. The procedure follows Chapter IV of this title.

Guardianship (Article 558)

Guardianship includes custody, material assistance, supervision, moral guidance, and education of children. It also grants the power to impose appropriate corrections according to their age and physical and mental development.

Guardianship requires direct contact with children and empowers guardians to decide on their place of residence.

Guardian Exercise (Article 359)

Parents exercising parental authority have custody of their children and are legally responsible (civil, administrative, and criminal) for the proper discharge of its contents.

In case of disagreement about a custody decision, either parent can go before the judge of the Trial Chamber. The judge, after attempting conciliation and hearing both sides and the child, will decide the issue promptly. This decision is not appealable.

Custody in Divorce or Separation (Article 360)

In cases of divorce, separation, marriage annulment, or separate residences, parents decide by mutual agreement who will exercise custody of children over seven years old. Children aged seven and under must remain with the mother, except if:

• She does not hold parental authority.
• Health or safety reasons advise temporary or indefinite separation.

If there is no agreement on custody, the judge will determine who exercises it properly. For children seven or younger who cannot remain with the mother, or upon her express request, the judge decides whether the father or a family placement is in the child's best interest.