Legal Question in Family Law in California
child custody, international
I am an American citizen going through a legal separation in California. My husband is a Brazilian born citizen with both American and Potugues nationality. We were staying in Brazil for the last 9 months with our two children with the idea of living there permanently. I recently returned to California with the children and my husband and have filed for separation. I wish to reside in California with the children. The initial separation papers have been signed by both my husband and filed with the courts but no custody issues have been established yet except to grant temporary custody of the children to me in California until these issues are agreed apon. The children have dual nationalities. If I am granted physical custody of the children and reside here in California could my husband legally keep the children with him after their next visit to Brazil? Are California child custody rulings legally binding in Brazil? Could he agree to give me physical custody and then later contest a California ruling in Brazil in oreder to keep them there with him?
1 Answer from Attorneys
Re: child custody, international
I believe Brazil is part of the tready; however, if you're interested in an opinion letter where I do research to confrim laws, then call my office. It might also be a good idea to ask the court to hold your children's passport, especially if you fear your husband is a flight risk. If you have their passports, then put them in a safe and secure place.
Please do not rely on anything in this response. It is not based on legal research. You need to consult with an attorney right away.
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