Child custody in Brazil: types and responsibilities
Sole custody, shared custody and what changes in practice. Having custody does not mean owning the child: see each parent's rights and duties under Brazilian law.
Sidnei Pedro Dias
9/28/20264 min read
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.