Category: Family

One sentence sums it up: having custody does not mean owning the child. Under Brazilian law, a couple's separation does not change the relationship between parents and children, except as to who the children live with day to day (art. 1,632 of the Civil Code). Both parents remain responsible for the child, each with rights and duties.

Custody and parental authority are different things

Parental authority (poder familiar) is the set of rights and duties parents have over their minor children. It belongs to both parents, whatever their marital situation (art. 1,634 of the Civil Code). It includes directing the child's upbringing and education, authorizing travel abroad and authorizing a permanent move to another city.

Custody is only one part of it: it defines how the parents share time and decisions after the separation. Losing custody, or not having custody, does not remove a parent's parental authority.

The two types of custody in Brazilian law

The Civil Code provides for sole custody and shared custody (art. 1,583).

• shared custody: both parents make the important decisions in the child's life together, such as school, health, religion and travel. Time with the child should be divided in a balanced way, according to the family's reality;
• sole custody: one parent has custody. The other keeps the right to spend time with the child and the duty to follow their upbringing, and may request information and accountability on health and education (art. 1,583, § 5).

So-called alternating custody, where the child spends long periods with each parent and each decides alone during their period, is not provided for in the Civil Code. Shared custody also does not mean splitting time exactly in half, or having two homes with the same routine.

Shared custody is the rule

When the parents cannot agree and both are able to care for the child, the judge applies shared custody. The exceptions are when one parent states they do not want custody or when there are signs of risk of domestic or family violence (art. 1,584, § 2, as amended by Law 14,713/2023).

In shared custody, the child usually has a reference home, called the base residence, which should be in the city that best serves the child's interests (art. 1,583, § 3).

The custodial parent cannot do everything

This is where most conflicts arise. Having the child live with you does not give you the right to:

• move to another city with the child without the other parent's agreement or a court order;
• travel abroad with the child without the other parent's authorization;
• prevent or hinder the agreed or court-ordered visitation;
• withhold information from school, doctors or the child's daily life;
• speak badly of the other parent to push the child away, which may amount to parental alienation.

Public and private schools, clinics and hospitals must provide information about the child to either parent, under penalty of a daily fine of R$ 200.00 to R$ 500.00 (art. 1,584, § 6). Breaching the custody terms without good reason may lead to a reduction of the breaching parent's prerogatives (art. 1,584, § 4).

And the non-custodial parent?

They have duties as well as rights. The parent without custody may visit the child and have the child in their company, and must oversee the child's support and education (art. 1,589). Failing to spend time with the child, to follow school and health, and to contribute to support are also taken into account by the courts.

Shared custody alone does not end child support. The amount still depends on the child's needs and each parent's resources (art. 1,694, § 1, of the Civil Code). See also when child support can be reduced.

When to ask for a change of custody

Custody can be reviewed when circumstances change: a move to another city, repeated breach of the agreement, neglect, violence or new needs of the child. The request is filed in the Family Court, and the standard is always the child's best interest, not the wishes of one parent.

SPD Advocacia handles custody, visitation and child support cases throughout Brazil, including for parents living abroad, with digital service. Learn more in family law or message us on WhatsApp (62) 98184-3257.

Updated September 2026. Informational content, in line with Brazilian Bar (OAB) rules (Provimento 205/2021). Each case needs its own analysis, and we do not promise results.

Child support (pensão alimentícia) in Brazil is not fixed forever. If the financial situation of the payer or the recipient changes, the law allows a request to the judge to review the amount, up or down (art. 1.699 of the Civil Code). This is done through a review action (ação revisional de alimentos).

How the amount is set

The judge sets support in proportion to the needs of the recipient and the means of the payer (art. 1.694, § 1, of the Civil Code). A review follows the same logic: you must show that this balance changed after the last decision or agreement.

Situations that often justify a request

• job loss or a significant, lasting drop in income;
• birth of another child, who is also entitled to support;
• illness that reduces the ability to work;
• higher income or lower expenses for the recipient, such as a child who started working;
• a child who has reached adulthood and finished school. In this case the request is usually to end support altogether.

None of these situations guarantees a reduction by itself. The judge weighs the evidence and each party's circumstances.

The costliest mistake: stopping payments

Until the judge decides, the current amount stands. Anyone who stops paying or pays less on their own builds up debt. Up to 3 unpaid installments before collection, plus those falling due during the case, allow civil imprisonment for 1 to 3 months (art. 528, §§ 3 and 7, of the Code of Civil Procedure).

Also, a reduction does not refund what was already paid. Under STJ Precedent 621 (Súmula 621), a judgment that reduces, increases or ends support takes effect from the date of service, with no offset or refund of amounts paid. So the sooner the action is filed, the sooner the new amount can apply.

What happens when the child turns 18?

Support does not end automatically. Under STJ Precedent 358, ending support for a child who has reached adulthood requires a court decision, and the child has the right to be heard. Children still in school may keep receiving support for some time, depending on the case.

Helpful evidence

• employment records, termination documents, bank statements and income tax returns;
• birth certificate of the new child and receipts for their expenses;
• medical reports and prescriptions, in case of illness;
• proof of current fixed expenses;
• receipts for all support payments already made.

An agreement is also an option

If both sides agree on a new amount, the agreement can be submitted to the judge for approval. An informal arrangement without court approval may later lead to disputes over collection of the old amount.

SPD Advocacia handles child support, review and termination cases throughout Brazil, including for parents living abroad, with digital service. Learn more in family law or message us on WhatsApp (62) 98184-3257.

Updated September 2026. Informational content, in line with Brazilian Bar (OAB) rules (Provimento 205/2021). Each case needs its own analysis, and we do not promise results.

Under Brazilian law, parental alienation is interference in the psychological development of a child or adolescent, by one parent, the grandparents or whoever has custody, to make the child reject the other parent or to harm the bond between them (art. 2 of Law 12.318/2010).

Examples listed in the law

• campaigning to discredit the other parent;
• making contact between the child and that parent difficult;
• obstructing parenting time already set by the court;
• deliberately withholding school or medical information or a change of address;
• filing a false report against the parent, their family or the grandparents to block contact;
• moving far away without justification to hinder contact.

The list is not exhaustive. The judge may recognize other acts, including based on expert assessment (art. 2, sole paragraph).

What happens in court

When there are signs of alienation, the case gets priority, and the judge, after hearing the Public Prosecutor, may take urgent measures to protect the child and secure contact. The law guarantees at least supervised visits, unless there is a risk to the child's physical or psychological integrity (art. 4).

If needed, the judge orders a psychological or biopsychosocial assessment, with a report within 90 days (art. 5). Hearing the child must follow the special testimony rules of Law 13.431/2017 (art. 8-A).

Measures the judge may apply

• declare that alienation occurred and warn the parent responsible;
• expand parenting time with the alienated parent;
• impose a fine;
• order psychological or biopsychosocial follow-up;
• change custody to shared custody or reverse it;
• set the child's residence as a precautionary measure.

In case of an abusive change of address, the judge may also reverse the duty to drop off and pick up the child (art. 6, § 1). Since Law 14.340/2022, suspension of parental authority is no longer on the law's list of measures.

Could the law be repealed?

A bill to repeal the law is pending in the Chamber of Deputies (PL 2.812/2022). The Constitution and Justice Committee approved it in December 2025. As of September 2026, the bill was awaiting a ruling on an appeal by the Chamber's Board. For now, Law 12.318/2010 remains in force.

Critics of the law point to the risk that alienation claims may be used to discredit reports of violence. That is why each case requires careful expert evidence and attention to the child's safety before any conclusion.

If you are going through this

• keep written records of arrangements and breaches, by message or e-mail;
• keep evidence of denied visits and withheld school or medical information;
• do not retaliate or expose the child to the conflict;
• avoid speaking badly of the other parent in front of the child;
• go to court to set parenting time or enforce what was already decided.

SPD Advocacia handles custody, parenting time and parental alienation cases throughout Brazil, including for parents living abroad, with digital service. Learn more in family law or message us on WhatsApp (62) 98184-3257.

Updated September 2026. Informational content, in line with Brazilian Bar (OAB) rules (Provimento 205/2021). Each case needs its own analysis, and we do not promise results.