Legal Question in Family Law in California

He will have to do the divorce in CA if he wants anything but an end to the marriage and a division of any assets in Brazil. As long as the kids have been in California for at least six months as their primary residence, California will not acknowledge or enforce custody orders from anywhere but a California court. The flip side of all this, though, is that you can't obtain jurisdiction over him to get a child support order or divide any assets and debts in the U.S. unless he voluntarily accepts California jurisdiction. In any case, however, I strongly recommend you get a divorce on file in California right away. That will further support your position that child custody proceedings must happen here under CA law.

If your husband has no contact with California, there can be some problems with in personum (personal) jurisdiction over him required to enforce any kind of orders including support. Please meet with an experienced family law attorney to explore your legal options.