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Paternity Case in Brazil

For rights to the custody of a child, the biological father does not have to be married to the biological mother. Issues surrounding child custody and child support can come about whether or not the parents are legally married. In Brazil, every child has the right to support from both their mother and their father, regardless of their relationship. This means that unmarried fathers have the right to see and to support their children. As family law attorneys in São Paulo, we help guide unmarried parents through the sometimes confusing legal process of ascertaining paternity, establishing child support and splitting up parenting time. Both mothers and fathers should be represented in cases of unmarried custody.

Establishing Paternity

In Brazil, the first step in obtaining child support or visitation rights as an unmarried mother or father is to determine who the biological father is. If both parties cannot agree on the father, paternity must be determined with a DNA test. Such a test is also important if the father wishes to discontinue child support when he believes he is not the biological father. If you are paying child support for a child you believe might belong to someone else, it is important to get such a test to set the record straight. Family law attorneys can help you finding reputable testing centers and to end your commitment if the results are negative.

Child Support Payment for Unmarried Parents

If paternity is in fact established, the father is then responsible for child support payments. Not only will he have to pay until the child is a legal adult, he will also have to pay retroactively to support the mother and her expenses dating back to the child’s birth. Child support payments will differ depending on family circumstances. They are calculated with a statutory formula that takes into account the parents’ income, the number of children and the needs of each child.

Visitation Rights for Unmarried Fathers

For unmarried parents, it is difficult to come to an agreement about visitation. In many cases, the mother of the child will purposely deny the father any visitation rights, and he will not be able to see his own child. However, with the help of an attorney and a court-ordered plan for visitation, unmarried fathers can receive legal rights to see their children on a regular schedule, which allows them to maintain a positive relationship. If the court has ordered visitation rights to the father and the mother does not adhere to them, she can be charged with contempt of court. Such legal action is not only inconvenient, it can also be expensive, as she’ll need to pay attorney fees and court costs.

If you’d like a professional to take a look at your paternity case, you may want the help of a Brazilian lawyer who is aware of your demands.

Phone: 212-300-7174