Legal Question in Family Law in Brazil

We have been married for 19 yrs. In 2009 I resigned from work and moved to Brazil with my wife and 12 yr old Daughter. We tried to establish a business and it did not work out. I moved back to the states in May 2011 because of my language deficiency. it is very hard to find work not speaking Portuguese. My wife is Brazilian and she is still in Brazil with my 12 yr old Daughter and says she is not coming back anytime soon because she wants to spend time with her aging Mother. We are in fact having some marital problems. I am here alone in the US without my Daughter....I miss my Daughter dearly........do I have any legal recourse on this ...I mean she is 5,000 miles away and I told my wife this is not fair to me...her response again .....I am staying with my mom to take care of her. I just don't think this legal. Please advise.

Thanks, Art


Asked on 7/30/11, 6:03 pm

1 Answer from Attorneys
Felipe Cardoso Miranda & Cardoso Advocacia

Dear Art,

I must tell you that any legal resources you have, while she is in Brazil, and within the Brazilian judiciary system, would be restricted to Brazilian territory; being in Brazil you could ask for a shared-guard of your daughter ('guarda compartilhada' in portuguese). It�s very unlikely that any Judge would decide for any visit or trip in the US, against the mother's will. In such cases, the Brazilian legal system may favor nationals (and specially the mother) in any guard-related issues or disputes. Att.

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Answered on 8/03/11, 3:42 pm


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