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Child custody in Brazil

Joint responsibility continues after separation

In Brazil shared custody (guarda compartilhada) is the rule after separation, even if the parents disagree, unless a parent does not want it or cannot care for the child.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what the law provides before a court looks at a particular family. A court decides what is best for the child in the case in front of it. Family law is reformed often, and a case with a foreign element is complex. This is general information, not legal advice.

If the parents are married

Both parents hold family power (poder familiar) equally.

If the parents are not married

The rule is the same: both parents hold family power whether or not they are married, once the father's paternity is established.

The unmarried father, in one line: Both parents have it, married or not, once the father's paternity is established.

After a divorce or separation

Since 2014, shared custody is the rule: both parents share decisions and responsibility even if they do not agree, unless one tells the judge they do not want custody or the court finds they are unfit. Shared custody does not mean equal time: the child has a home base and a balanced schedule of time with each parent.

What the child can say

The child's views are heard according to age and maturity.

Moving house or moving abroad with the child

A parent needs the other's consent, or a court's, to take the child abroad.

If the parents live in different countries

Brazil is a party to the 1980 Hague Child Abduction Convention, which lets a parent ask for a child wrongly taken to another country to be returned. It works only with countries that have accepted its accession, so check the other country on the treaty status table.

Understand the legal system first

Brazil belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the Brazil legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Brazil? →

Official sources

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TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.