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CalAttorney2
CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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I 't know who can help with this and hope you will refer

Customer Question

I don't know who can help with this and hope you will refer this question to the right person if you are not that person. My friend has joint custody with his Brazilian ex wife of their 8 year old son. She is a resident of the United States and he is a citizen of the U.S. The mother has taken the son "on vacation" to Brazil and has now cut off all contact to the father here in the U.S. It appears that she is not bringing the son back. She sent a text picture of the son on a horse in Brazil
What recourse does he have if his son has been taken to Brazil by the mother? What sort of lawyer should he see? Any advice on next steps?
Submitted: 5 months ago.
Category: Family Law
Expert:  CalAttorney2 replied 5 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Unfortunately, this situation is not altogether uncommon, and you can learn a great deal about the law and recourse available here: http://www.divorcenet.com/states/nationwide/child_custody_international_moves#b (As you will find the Hague convention controls this matter, and while Brazil is nominally under the Hague convention, there has been some difficulties in enforcing custody disputes with that country (however, that does not mean there is nothing that can be done)).

The easiest thing for your friend to do as far as starting the process of getting custody back, is to contact a local family law attorney. There will have to be some local (U.S.) court order on which an international order can be based.

Furthermore, a local attorney can network with an international firm or attorney that they have experience working with or personal referrals for to work on the next step of enforcing the U.S. custody order in Brazil.

Understand that this process will take some time, so patience with this incredibly difficult circumstance is going to be key.

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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