Child custody in Argentina
In Argentina shared parental responsibility is the rule, married or not, and shared care of the child is the preferred arrangement after separation.
Updated October 2026. Spotted a mistake? Tell us.
If the parents are married
Both parents share parental responsibility.
If the parents are not married
The rule is the same: both parents share parental responsibility once parentage is established, whether or not they are married.
The unmarried father, in one line: Both parents have it, married or not, once the father's paternity is established.
After a divorce or separation
Parental responsibility stays shared. The parents can agree on a parenting plan, and where there is no agreement the judge ordinarily orders shared care (cuidado personal compartido), either alternating or with the child based at one home, rather than sole care.
What the child can say
The child has a right to be heard, and adolescents have a greater say from 13.
Moving house or moving abroad with the child
A move abroad with the child needs the other parent's consent or a court's authorisation.
If the parents live in different countries
Argentina is a party to the 1980 Hague Child Abduction Convention, which lets a parent ask for a child wrongly taken to another country to be returned. It works only with countries that have accepted its accession, so check the other country on the treaty status table.
Understand the legal system first
Argentina belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the Argentina legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Argentina? →
Official sources
Take it further
The family and property rules of a European country in one PDF, with questions for a local lawyer.
Write down parenting time and responsibilities.
Permission for a child to travel with one parent or another adult.
Marriage, divorce, custody and support, step by step.
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TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
