When accountant and digital influencer Vivian Araujo, 38, got pregnant, she didn’t know who the father of her child was: After her separation from her ex-husband, she had sex with three other men in a short space of time. Once Rudá was born, DNA proved that the child’s biological father was the man with the least contact of them all.
“My son had very few contacts,” says Vivian. “He needed me to ask for financial support.” “People think the father’s role is minimal. I see people saying ‘I’m glad he scored’, and they exaggerate his actions.” being I listened to lawyers to understand the duties of paternity and how to ensure it even if the parents know each other a little and have only one gender in their lives.
Attorney Camila Monzani, who specializes in family law, points out that the absence of a romantic relationship between a child’s father and mother does not nullify the obligations of a biological bond. It asserts that these rights, such as alimony and visits, are guaranteed to children. That is, it is not related to the type of relationship the parents maintain.
“Once a person becomes a father or a mother, rights and duties arise, the legislation protects that child, regardless of whether the parents knew each other before and by whatever name the relationship was given or how long it lasted. The fact that you are the father of the child dictates a series of Obligations,” the lawyer repeats.
These duties fall into two large groups: financial and emotional. “The obligation to help the child is rooted in the parental bond, whether biological or not,” he says. “I don’t need to prove the child’s need.”
“The person who has custody, in this case it is very common to be the mother, will explain the expenses and ask him to pay part of this amount, and how much the father can pay. The fact that he already has other children is not his right to avoid paying this pension, but he may have reduced amount,” explains Monzani.
This right to alimony is valid until the child reaches the age of 24 or graduates from higher education – when the young person proves that he is able to work. “The father, at all times, has the right to know where the money is being spent and can request receipts so that he can know if it is being used for the child. But he cannot repay the amounts, even if they are not paid in full,” says the attorney.
Lawyer Bruna Silos, who has a master’s degree from the University of São Paulo (University of São Paulo), recalls that alimony is the only issue in Brazilian civil law in which an offense can lead to imprisonment. “It’s really happening, it’s really effective,” says the lawyer.
The lawyer states that custody, pension and living are independent matters. “In solitary custody, one parent has more responsibilities and shares custody, and they share this responsibility. It does not in any way affect the pension or discussion of visits. And not because the custody is joint, for example, the child will necessarily live in two homes, and she will have a home Always my reference,” he points out.
Who has custody of the child decides on legal matters, such as school selection and health, and grants licenses on matters relating to children, such as school trips and performing surgeries. In joint custody, all of these issues will need parental consent. Therefore, in the case of spouses who have a very conflicting relationship, the lawyer directs the application for unilateral custody.
Failure to visit may result in fines or compensation for moral damages
After having a child with a man she doesn’t know much about, Vivian believed she could develop a friendship and partnership of childcare with her father. KindergartenBut the friendly relationship between them did not progress.
“He says he wants to be more present, but he doesn’t call and doesn’t come to visit. He has come three times since Kindergarten He was born, asked me to come for the fourth time, but I stayed up all night and was tired and didn’t make an appointment again. That is why I see the importance of organizing this, because also in everyday life it is very annoying to have someone, all of a sudden, in your house, without you knowing it, without warning,” he says.
“He told me he only knew about his son for a month and a half, as if the father needed more time to take on these responsibilities. I didn’t have that time to get used to being a mother,” says the influencer.
If visits are lost, attorney Mariana Villila, co-author of Destitute Motherhood: Inequality of Gender, Race, Class and Judgment (Casa do Direto, 2021), notes that a father’s failure to attend can lead to fines and even emotional abandonment.
“When this father is absent, it is possible to claim compensation for moral damages, and to configure that, for that father who should have been present, his absence has caused trauma and compensation is necessary,” she explains, noting that there is no estimation of compensation values. “It depends on the case and in which hand the judge goes.”
To ensure these rights, lawyers listen being We point out that it is very important to find a city forum and file a lawsuit to organize all these issues in court, whether it is custody, alimony or visits.
“These things have to have judicial procedure and approval to regulate custody, pensions and visitation,” Villila says. “They cannot be just word of mouth.” “If not, if something happened and the duties were not fulfilled, then this mother will have to go the way from the beginning, although she does not have a marriage bond, whether through a quarrel in court or in the form of an agreement,” concludes the lawyer.