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Founded in 2004
2 people in their team
English
Estudio Juárez & Asoc is a law firm in Argentina with a track record of more than 15 years in the legal field. The firm is composed of lawyers with extensive experience and ongoing academic training, and it prioritizes providing clients with security and confidence when resolving conflicts, taking...
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About Father's Rights Law in Lanus, Argentina

In Lanus and across Argentina, fathers and mothers have equal standing in matters of child welfare, custody, visitation and support. The law emphasizes the best interests of the child and strives for balanced parental involvement after separation or divorce. The framework is primarily shaped by national statutes that set uniform rules, applied locally by Lanus courts.

Key concepts include patria potesdad (parental authority), guarda y custodia (custody), régimen de visitas (visitation), and alimentos (child support). Since the Civil and Commercial Code of the Nation (CCyC) reform, joint parental responsibility has become more common, even when parents live separately. Lanus courts apply these principles to determine arrangements that safeguard the child's welfare and ongoing parental involvement.

Lanus follows national standards while adapting procedures to the Province of Buenos Aires. Family matters are typically handled in Juzgados de Familia within the provincial judiciary, with mediation often encouraged or required before court interventions. This approach aims to resolve disputes efficiently while preserving the child's best interests.

“The modern framework prioritizes shared responsibility and the child's best interests in custody decisions.”

Source: Código Civil y Comercial de la Nación and Leyes de Protección Integral de Niñas, Niños y Adolescentes; see authoritative portals for details.

Source citations: Argentina - Ministerio de Justicia, PBA Justicia - Buenos Aires Province, InfoLEG - Normativa Argentina.

Why You May Need a Lawyer

Custody disputes can hinge on nuanced interpretations of parental involvement and the child's best interests. A lawyer helps you prepare a persuasive case that addresses daily routines, school, healthcare, and the child's relationship with both parents.

  • Dispute over custody or visitation schedules in Lanus: If parents disagree about who has primary custody or when visits occur, a lawyer can present a plan aligned with the child's routine and welfare.
  • Relocation or transfer of the child outside Lanus: Moving to another city or province requires court approval or a significant modification of custody orders.
  • Establishing or contesting paternity and initiating child support: A lawyer can request paternity testing and secure or modify child support obligations.
  • Enforcement of existing orders or collection of arrears: If payments are not made, a lawyer can enforce an order and seek arrears legally.
  • Domestic violence or protective order considerations: Legal counsel is essential to protect the child and parent, and to navigate protective measures where needed.
  • Modifications due to changes in work, housing, or family circumstances: A lawyer helps petition for changes to custody or support as life evolves.

Local Laws Overview

The following laws and regulatory frameworks govern Father's Rights in Lanus and across Argentina. They shape how custody, parental authority, and child support are determined and enforced.

  • Código Civil y Comercial de la Nación (CCyC) - Ley 26.994: Defines patria potestad, custody arrangements, visitation, and child support obligations. It sets the baseline for how parental authority is exercised after separation. Recent reforms emphasize shared parental responsibility and the child's welfare.
  • Ley de Protección Integral de los Derechos de Niñas, Niños y Adolescentes - Ley 26.061: Establishes the rights of minors and the duty of authorities to act in the best interests of the child in all proceedings, including family matters. The law guides how courts assess suitability of custody and protective measures.
  • Procedural norms y mediacion en familia (Buenos Aires Province): Local procedures in Lanus frequently require mediation before hearings in family disputes, with the aim of reaching agreements that serve the child's best interests. See provincial judiciary resources for guidance on mandatory steps and timelines.

For authoritative texts, consult:

Frequently Asked Questions

What is patria potestad and how does it work in Lanus?

Patria potestad is the parental authority over a child. In Lanus, as in the rest of Argentina, it is typically shared unless there is a risk to the child. Courts assess time with each parent, schooling, and the child's safety when deciding arrangements.

How do I start a paternity or parental rights case in Lanus?

Begin by filing in the local Juzgado de Familia or the equivalent family court in Lanus. A lawyer helps prepare petitions, gather supporting documents, and request interim measures if immediate protection or support is needed.

What documents are usually required for a custody petition in Lanus?

Common documents include birth certificates, proof of residence, employment data, school records, and any existing court orders. Your attorney may request medical records and witness statements to support the child's best interests.

How long does a typical custody case take in Lanus?

Timelines vary by complexity and court workload. Simple cases may resolve in several months, while contested matters can take a year or more. Your attorney can provide a more precise estimate based on local court calendars.

Do I need to travel to Lanus for hearings or can I attend remotely?

Most hearings occur in person at the Lanus family court, but some procedures may allow remote participation depending on court rules. Your lawyer will confirm current practices with the court.

How much does hiring a family lawyer in Lanus typically cost?

Fees depend on case complexity and attorney experience. Some lawyers charge a fixed consultation fee, others bill hourly. Ask for a written fee agreement and expected total costs up front.

What is the process to modify a custody order after a change in circumstances?

You file a motion to modify custody with the same family court that issued the original order. The court considers updated evidence, the child's needs, and any risks to safety before granting a change.

Can a parent prevent or restrict the other parent's access to a child?

Access restrictions are possible if there is danger or harm to the child. Courts only impose restrictions after a careful review, and the restrictions must be proportionate to protect the child.

How is child support calculated in Lanus?

Child support is determined under CCyC guidelines and jurisdictional rules. It considers income, number of children, and the child's needs; arrears can be collected through court-ordered enforcement.

What is the difference between joint custody and shared custody?

Both terms describe shared parental involvement, but jurisdictions may differentiate use of time with each parent and decision-making authority. In Argentina the trend favors shared parental responsibility with careful planning of daily routines.

Is mediation mandatory before a family court hearing in Lanus?

Many cases in the Buenos Aires Province require mediation before proceeding to a full hearing. Mediation seeks voluntary agreements and can reduce court time if an agreement is reached.

What should I do if I suspect paternity fraud or if paternity needs to be challenged?

Consult a lawyer promptly to explore legal options for paternity testing and to secure or contest parental rights accordingly. Courts rely on genetic evidence and careful testimony in these matters.

Additional Resources

Access to reliable, official information can help you navigate Father's Rights in Lanus effectively.

  • PBA Justicia - Buenos Aires Province judiciary portal providing guidance on family court procedures, mediations, and court locations in Lanus. https://www.justicia.gba.gov.ar
  • InfoLEG - Official normativa database hosting the Civil and Commercial Code, child rights laws, and related regulatory texts. https://www.infoleg.gob.ar
  • Ministry of Justice and Human Rights - Argentina - Government portal with overviews on family law, child protections, and rights for parents. https://www.argentina.gob.ar/justicia

Next Steps

  1. Define your goals and gather essential documents such as birth certificates, custody orders, and proof of income. Create a simple timeline of events to discuss with a lawyer.
  2. Find a Lanus-based family law attorney with experience in paternal rights and child custody matters. Use the provincial bar association directory or official portals to verify credentials.
  3. Schedule a consultation to discuss your case, costs, and potential strategies. Prepare questions about timelines, mediation requirements, and possible outcomes.
  4. Prepare your case with your attorney by collecting all relevant evidence, witness contacts, and any existing orders. Your lawyer will help draft petitions and mediation briefs.
  5. File and respond to court actions promptly to avoid delays. Your attorney will manage filings, deadlines, and communications with the court.
  6. Attend mediation and hearings as scheduled and follow court orders. If needed, discuss appellate options with your lawyer and plan for next steps.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.