Man Wins Custody Of Son Taken To Brazil

Brazilian Court Rules In Favor Of N.J. Father; Mother, Now Dead, Took Him There After Divorce

(AP)  A federal court in Brazil has ruled that a New Jersey father should get custody of his 8-year-old son, whose mother took him to the South American nation after their divorce and died there, the man's lawyer said Monday.

Attorney Patricia Apy, who represents David Goldman, said she was notified of the decision Monday afternoon. The ruling calls for the boy to be turned over to his father on Wednesday, Apy said.

The boy's Brazilian mother took him to Brazil in 2004. She remarried and never returned to the United States. She died last year of complications from the birth of another child.

Eight-year-old Sean Goldman was being raised by his stepfather.

A Brazilian lawyer for the mother's family said he will appeal the decision to return the boy.

"Many times the boy has expressed his desire to stay in Brazil," attorney Sergio Tostes told local Globo TV. "We are doing everything we can to see justice prevail."

A telephone call to David Goldman's home in Tinton Falls connected to an answering machine with a full inbox Monday night.

U.S. Rep. Christopher Smith, a Republican from New Jersey, intervened in Goldman's case in February and traveled to Brazil with him. While Smith was there, Goldman was able to meet with his son for the first time in nearly five years.

The case got high-level attention with international diplomatic overtones this spring when the U.S. House and Senate called on Brazil to permit the boy's return, Secretary of State Hillary Rodham Clinton made the same request and the presidents of the U.S. and Brazil discussed the matter.

Clinton said Goldman's case is an example of a problem around the world. She said there were nearly 50 U.S. children in similar situations in Brazil who should be returned to the U.S. - and more around the world.

Clinton brought up the subject while speaking Monday at a joint news conference in San Salvador, El Salvador, with newly inaugurated Salvadoran President Mauricio Funes.

"It's taken a long time for this day to come, but we will work with the Goldman family and the Brazilian government with the goal of ensuring this young boy's return," she said.

Apy said Monday night that she had not received a copy of the Brazilian court decision but expected to get one and have it translated from Portuguese into English on Tuesday.

The order calls for the boy's immediate return, Apy said.

"The court has made remarkable conditions to be able to facilitate that happening," she said.

[kitkat_18]

wow so they kidnap his son... refuse to let him see him... his wife wants a divorce... then she dies... and the STEP-FATHER gets him?!?!?! not okay!
I'm really happy for David!!! but i think i watched this before and the step father runs away with the kid.... keep going David!!!! you can do it!!!!!! :)

[leogorky]

FINALLY..what wonderful news. It's been difficult reading about this case because I always felt so outraged by the incredible injustice. And if a total stranger, like me, had such strong feelings, I can't even imagine how unbearable it has been for this family. CONGRATULATIONS DAVID!!!!!!!

[mommybarber2]

Congrats to David this boy was born in the United States and he is a citizen here not there. David has the right to have HIS SON. I do not even understand why David had to fight for his son against a step father. There is something seriously wrong with this situation and I do not feel like the step father should be able to appeal.

[venkata4--2008]

Congratulations to this father. He is fighting relentlessly for a while. I have read about this. In Brazil they even tried to change the boy's last name to that of step father.

Hope all the appeals and all go in favor of this father, also the boy quickly returns and get adjusted to new place and all.

[freespeech101]

Wish this was true! I feel so bad for this guy. How cold hearted these people are in keeping a father and his only son apart like this. I hope someone whose got some kind of pull moves this thing along and he's reunited with him.

[hockeymom441]

Ok CBS... a little late; but a higher court just ordered a reversal of this decision, and now this case goingt to Brazil's Supreme Court! It's amazing... they're stating that returning the son to his father would cause psychological harm! Is this a joke... essentially the Brazilian court is legalizing kidnapping - by saying as long the kidnapped child has adapted and grown "comfortable" w/ their new family, that it is best for them to remain there. Wow - this is alarming. I know Brazil is a friend, but this is crazy and we need to demand the child's return NOW. It's beyond belief this case has taken so long to sort out and the step-father and his family should be tossed in jail... however, we all know it is their personal connections in the legal world there, that have allowed this injustice.

[nolies74621]

It should'nt have taken this much BS for the man to get his son back. The lawyer is appealing and hopefully that will not hold pu the return of the son. The people that are caring for him say that the son wants to stay in Brazil, which is understandable because that is all he has known since 2004. These people need to step aside and let this man reconnect with his son. The selfishness of the human race is disturbing.

[debinok1]

It is ABOUT TIME. This man should never have had to fight a step parent for the right to his own child after the mother died. Welcome Home kiddo. Congrats Dad.

[babooph]

If he were female,he would have had a gestapo group drag the child back years ago & been lauded by the US propaganda system.

[freespeech101]

It sure is about time! What this poor guy has gone through just to get his own son back! Good for him!!

[latina666]

no S H I T it is about time

[gramto8]

Who cares?
It's Bush's fault right libs?
Posted by TheMasses07 at 11:14 AM : Jun 2, 2009

I don't say it is Bush's fault, but who were the most vocal crowd when Elian Gonzales was being taken back to HIS father? Wasn't the liberals!

[dungyfan]

It is wonderful to hear that finally this father will get his son back... Shame on her, her parents and the step-father for keeping this child away from his biological father after his mother's passing. I wish this father all the happiness in world in raising his son.
Good Luck to both.

[fabrat1]

it's about time!