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Adopting another former parents child

I'm in this serious relationship with this Brazilian girl right now, and we have been together for a year almost. She has a son who is already two years old, and from what she told me, the father of the son abandoned them a long time ago and is not helping them financially or anything. My question is can I adopt her son to be mines? She told me that the father will probably not sign the papers which makes no sense but there has to be law permitting that he has too.

Since the father has not been providing emotional and financial support and has abandoned the relationship, your partner should get a lawyer, go to court and petition for sole custody of the child. As you are living together as husband and wife or if you marry later, you can adopt the child then...

Yes, if the father refuses to sign the papers for adoption, it would be an expensive court battle.

robal

Alright then, thank you so much for telling me this, and im still learning more about this, and i also do plan to take her to america in the future as well but with this situation, it can turn out to be a hard process over the future.  If this leads to court battle, will have to be in Brazil or America?

In Brazil - because there´s no way the child can travel to America. That definitely needs the permission of the father.

It´s a simple process. Your partner through her lawyer files a petition to the court for an expense of approximately R$1,800 reais. It will probably take 2-3 years for the decision to be finalized.

She should have created a record of child abandonement for financial support through the courts to aid the process... If they catch him even through a routine traffic stop, he could go to jail.


robal

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