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Child Custody in Brazil

If you have a child or children during the course of your marriage, it can make your divorce slightly more complicated. When you get a divorce from your child’s other parent, it does not mean your personal relationship with that person is really over. For the sake of the children, you’ll need to communicate with your ex and cooperate with the standards set by the child custody ruling, both for the duration of the divorce and long after. The process can be difficult for both you and your children, so it is important to find attorneys that understand the intricacies of the divorce. You’ll need guidance navigating the different types of custody, including legal, residential, and child support.

Legal Child Custody

When you and your former spouse are given joint legal custody of a child, it means that you and your ex will share the responsibilities of making major decisions regarding the child. These decisions include education, medical care and general upbringing. In Brazilian law, generally seeks for shared custody in a divorce unless there are convincing reasons to give all legal custody to one parent.

In the interest of the child, both members of the divorce should take shared responsibility seriously and prevent custody battles. Both parents should make the effort to reach out to the other when any major decisions come up. In addition to sharing responsibility, neither parent should belittle the other in front of the child.

Residential Child Custody

The ruling about residential custody will determine with whom the child will reside. Residential custody plans can vary based on the needs of the parent. In some cases, the plans will be rotating and the child will travel between the two houses. In other cases, the child will stay with one parent and the other will have visitation.

While you might feel you deserve more time with the child than your ex, Brazilian courts will do everything they can to determine what is ultimately best for the child. They’ll take into consideration such factors as:

  • Which parent is less likely to force the child to discontinue contact with the other
  • The bonds between the child and parent
  • Each parent’s ability to meet the child’s needs
  • How long the child has lived in a stable and comfortable environment
  • The likelihood that the custodial home will be permanent
  • The moral, physical, and mental health of the parents
  • The child’s preference

If there is a change in either the parent’s or the children’s circumstances, modifications to the custody agreement can be made.

How to Get Help

If you have questions regarding custody in the event of a separation, a divorce or general family law, you should search for assistance in order to clarify the situation.

Phone: 212-300-7174