Updated

An American father who has been trying for five years to get custody of his son in Brazil has returned to the U.S., without his son.

David Goldman rushed to Rio de Janeiro this week when a federal judge ruled that he should have custody of 9-year-old Sean.

But the Brazilian Supreme Court later said it would review the decision and put off a handover, extending a custody case that has gone one for four years.

Goldman returned home Friday.

His wife took the boy to Brazil in 2004. She died last year in childbirth, and the boy has been living with his mother's new husband.

Now David Goldman says he believes the legal battle is taking a toll on his son.

David Goldman said Friday he thinks the boy is being "emotionally damaged" by the process and feels torn between his father and the Brazilian family members he lives with.