Child custody

Hi, I am a foreigner married to a Brazilian for 5 years now.Throughout this marriage,i can say that I am living with an abusive husband.I really want to leave him but my concern is our 20-month old child,he does not want me to bring him with me,he even threatened to kill me if I do that.  By the way,he is a marijuana addict(smokes 7 to 10 times a day),everytime he runs out of it,he starts to get irritable and furious,he doesn't care if his child is there looking at him.I really want to get out of this marriage because I want to save my child,i don't want him to grow with this kind of environment.But he does not allow me to bring him.I really don't know what to do,can somebody with some knowledge about legalities concerning the custody of the child give me some advice?

Amarah.amarah wrote:

Hi, I am a foreigner married to a Brazilian for 5 years now.Throughout this marriage,i can say that I am living with an abusive husband.I really want to leave him but my concern is our 20-month old child,he does not want me to bring him with me,he even threatened to kill me if I do that.  By the way,he is a marijuana addict(smokes 7 to 10 times a day),everytime he runs out of it,he starts to get irritable and furious,he doesn't care if his child is there looking at him.I really want to get out of this marriage because I want to save my child,i don't want him to grow with this kind of environment.But he does not allow me to bring him.I really don't know what to do,can somebody with some knowledge about legalities concerning the custody of the child give me some advice?


Hi there
          Do the police know about "how" your husdand treats you.  Have you ever complaind to the police about him
Has he ever been arrested for anything

no,not yet...for reason that I have no guts to do it(I don't speak Portuguese fluently and I don't know how to explain to the police,and if ever I do it too he might take my child away from me)...and for the hope that he will change,but he is getting worst.no,he has not hurt me physically,its more on the verbal abuse.almost everyday he is insulting and cursing me for no reason at all.his family knows about his personality because he does that to them too that is why they are distancing themselves from him.

I dont think the police will take the child away from you, but i do know its very hard to take a brazilian child out of brazil
do you live in a large city,

Yes,in a big city..that´s the reason why I'm still holding on because it is so hard to bring the child out of brazil,there has to be an approval of the father,a paper signed by him  in which I am doubting he would do.But if he has this personality disorder,does a paper approval still important?

approval is very important?
Where does he get his Money to buy the marijuana
How much do tyou think he spends on the marijuana a week
and dose he use anyother type of drugs

no he is not using any other drug aside from marijuana...he has already stopped for over a year and he was so calm,during my entire pregnancy I did not have any problem with him but few months after I gave birth,he started smoking again.i already told him several times to stop for the sake of our child but he just keeps on promising,no action at all.i just want to walk away and bring my child but how can I do that?he does not allow me.

You can walk away anytime you want, 'he cant' stop you. How your going to survive is another question,
Could you move in with his Family. or do you have any friend you could move in with
Under "Brazilian" Law, he must maintain you and the child if you live in Brazil, and where ever you live or,,,, he go's to  prison...... the Brazilians law are really hot on that