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Child custody in Cabo Verde

Statute, customary and religious law apply side by side

Cabo Verde follows the Portuguese civil-code tradition, in which both parents exercise parental responsibility and the court decides by the child's interests.

Updated October 2026. Spotted a mistake? Tell us.

A general outline, not a checked profile

We have not yet researched Cabo Verde line by line. This page describes how countries with the same legal tradition usually work, so that the map is not blank, and it can differ from the law in Cabo Verde. Reliable, current information is hard to find for many African countries: laws are often not published online or not translated, customary and religious rules are unwritten or differ from one community to the next, and reforms are not always reported.

Can you help? If you know the rule in Cabo Verde, or you work with its law, please email us what it says and where it is written. We will check it and update the page, with credit if you wish.

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 exercise parental responsibility together, and the child's interests come first.

If the parents are not married

The parent who recognises the child holds parental responsibility. Where only the mother has recognised the child, she holds it alone until the father does so.

The unmarried father, in one line: Depends on the form of the marriage and on the community.

After a divorce or separation

The court decides where the child lives and the contact of the other parent, by the child's interests. Important decisions stay joint in many countries of the tradition.

What the child can say

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

Moving house or moving abroad with the child

Where both parents have parental responsibility, taking a child to live abroad generally needs both parents' agreement or a court's permission. Check the rules before any move.

If the parents live in different countries

Cabo Verde 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.

What to watch for

  • Many families live under customary law, which varies from one community to the next and is often unwritten. In some communities a child belongs to the father's family, in others to the mother's, and the courts increasingly apply the child's best interests whatever the custom says.

Understand the legal system first

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

Official sources

Other countries

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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.