Mar
09
What child custody rights does an American man have in Brazil that has a child with a brazilian woman?
Filed Under (Divorce Issues) by Catherine
JJ


The couple has lived together for 10 months and has a child together. They are going to separate and the man needs to move back to the U.S. for work reasons. What reasons would there be for the father to receive custody of the child? Does the mother’s financial situation, mother’s stability, mother’s past(questionable acts), have any bearing on the decision? Also, what governing body makes this type of a decision when there is an American citizen and a Brazilian citizen envolved?

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Comments

goz1111 on 11 March, 2009 at 1:17 am #

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I assume by the question the child was born in Brazil? if so you will need to go threw the Brazilian courts, highly doubt if the mom fights it that Brazil will allow you to take the child to the USA


br grl in ct on 12 March, 2009 at 1:29 pm #

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First of all he needs to contact an attorney and the American consulate in area where he is. All of those factors will matter in a Brazilian court, but like in the US, courts will usually side with the mother unless she’s selling crack or something. I believe (not sure here) that Brazil and the US have reciprocity with child custody cases, Brazil will respect an US court decision and vice versa. So get a lawyer and find the best solution.