Legal Aspects of Co-Parenting in Argentina

The Legal Framework in Argentina

Argentina's Civil and Commercial Code (in force since 2015) incorporated important advances in family law. It recognizes co-parenting as the preferred modality of post-separation family organization, prioritizing the best interest of the child as the guiding principle.

Shared Parental Responsibility

In Argentina, after separation, both parents maintain parental responsibility (formerly called "patria potestad"). This means both have the right and obligation to participate in important decisions about their children's lives: education, health, international travel, among others.

Personal Care: Sole vs. Shared

The Code distinguishes between parental responsibility (always shared) and personal care (which can be sole or shared):

• Sole care: The child primarily lives with one parent; the other has a communication arrangement
• Shared care: The child alternately lives with both parents, in proportions that may vary

Art. 651 establishes that, in the absence of agreement, the judge must grant care to both parents, unless this would be harmful to the child.

The Communication Arrangement

When care is sole, the non-resident parent has the right to an adequate "communication arrangement," which includes not only visits but also phone and digital communication. Family Bridge facilitates compliance and registration of this communication arrangement.

Child Support

The support obligation in Argentina is proportional to the child's needs and each parent's resources. It doesn't depend on who has care: both parents have a support obligation, although the one who doesn't usually live with the child is typically the one who pays the quota.

Approved Parental Agreements

Co-parenting agreements can be submitted to the judge for approval (judicial approval), which gives them enforcement power. An approved agreement can be modified if circumstances change significantly.

Legal Resources in Argentina

Faced with co-parenting conflicts, in Argentina there are multiple resources: pre-judicial family mediation (mandatory in many cases), family courts, and defenders of children and adolescents. Advice from a family lawyer is essential for navigating these processes.