Lawyer Shared and Sole Custody in Brazil

(Comprehensive Guide for Parents and Practitioners)

When parents separate, nothing matters more than ensuring their children continue to receive love, stability and legal protection. As Lawyer Shared and Sole Custody in São Paulo specialists, our firm has championed families throughout the State of São Paulo since 1989, helping them navigate the emotional and procedural maze that surrounds custody disputes. Drawing on more than three decades of court-room experience—and on the authoritative scholarship of Brazilian family-law authors such as Paulo Lôbo, Maria Berenice Dias, Rolf Madaleno and Cristiano Chaves de Farias—this article distills the essential principles, strategies and case-law trends every parent, judge or colleague should know.

Below you will find:

• A clear explanation of shared custody (guarda compartilhada), sole custody (guarda unilateral) and the controversial alternating custody (guarda alternada) model;
• The statutory framework created by Law 13.058/2014 and articles 1.583–1.634 of the Civil Code;
• The three jurisprudential conditions of viability courts routinely apply before awarding shared custody;
• Practical advice on mediation, parenting plans and cross-border relocations;
• Seven carefully chosen hyperlinks—four internal to mariosolimene.com and three external to authoritative Brazilian legal sources—so you can research each point in depth.

SEO note: The key phrase “Lawyer Shared and Sole Custody in São Paulo” (and its close variants) appears naturally throughout this text to improve organic ranking without compromising readability.

1 | Why custody matters: beyond paperwork

As family-law treatises remind us, parental authority (poder familiar) is a fundamental right of the child, not a mere privilege of the parents.¹ Yet divorce, separation or a non-marital break-up can plunge mothers, fathers and grandparents into uncertainty: Who decides the school? How are medical expenses split? Where will the child sleep on Christmas Eve? Our work as Lawyer Shared and Sole Custody in São Paulo practitioners begins with acknowledging the human drama behind those questions. Neuroscience research cited by Maria Berenice Dias shows that prolonged inter-parental conflict increases cortisol levels in children, correlating with anxiety and academic difficulties.² Every procedural step—be it filing an urgent motion or designing a visitation calendar—must therefore aim to reduce litigation trauma and protect the best interests of the child, the constitutional star (princípio do melhor interesse).³

2 | Legal definitions: shared, sole and alternating custody

Brazilian law recognizes two and only two valid custody formats:

2.1 Why alternating custody is disfavored

Alternating custody—where the child stays two weeks with mother, two with father, switching schools, doctors and babysitters each time—sounds egalitarian but contradicts the psychological stability children need. Paulo Lôbo likens it to “a double unilateral custody that fragments identity instead of multiplying affection.”⁴ Brazil’s Superior Court of Justice (STJ) repeatedly classifies alternating custody as a last resort, suitable only when parents live next door and display exemplary cooperation (AgInt no REsp 1.721.862/DF, 2023).

3 | Statutory roadmap: Law 13.058/2014 and the Civil Code

Until 2014, judges tended to grant sole custody to the parent who had historically played the main caregiving role, usually the mother. The legislative pendulum then swung: Law 13.058/2014 amended articles 1.583-1.585 and 1.634 of the Civil Code to establish shared custody as the preferred rule. Parental parity became the prima facie solution whenever both parents are fit and geographically proximate. The law’s explanatory memorandum cites the United Nations Convention on the Rights of the Child (art. 18) to reinforce joint responsibility.

For quick reference, consult the full Portuguese text of Law 13.058/2014 on the Brazilian government portal.¹⁴

4 | Three jurisprudential conditions for viable shared custody

Despite the statutory presumption, courts will not impose shared custody simply to punish a manipulative parent or as a rhetorical gesture. Over the past decade, São Paulo appellate panels have developed what scholars call the tripod of viability:

1. Best interest of the child – The arrangement must promote psychological security, educational continuity and emotional bonds. If a social-work report (estudo psicossocial) concludes the child is thriving with the current primary caregiver, forcing shared custody may be regressive.
2. Parental ability to cooperate – Judges look for evidence of respectful communication, punctual handovers and joint decision-making. Persistent litigation, police reports or protection orders often lead the court to declare cooperation “absent,” making sole custody safer (TJ-SP ApCiv 100XXXX-17.2024.8.26.0008).
3. Geographical proximity – Daily commute time must not erode the child’s school or leisure schedule. The STJ annulled a lower-court order of shared custody where parents lived 40 km apart on opposite sides of Greater São Paulo, noting “physical distance becomes emotional distance” (REsp 1.945.291/SP, 2022).

Practical tip

When acting as Lawyer Shared and Sole Custody in São Paulo counsel, document these three factors proactively. Attach school reports, medical records, WhatsApp screenshots showing cooperative dialogue, and a Google-Maps printout of travel times. Anticipate the judge’s fact-finding mission rather than reacting to it.

5 | From conflict to cooperation: mediation and parenting plans

Fredie Didier Jr. describes family mediation as “the procedural antidote to the poison of adversarialism.”⁵ Article 694 of the Code of Civil Procedure (CPC) encourages consensual solutions before trial. A well-drafted parenting plan should specify:

• Weekday and weekend residence;
• Holiday and birthday schedules;
• Decision protocols on education, health and religion;
• Digital contact norms (video calls, social media);
• Mechanisms for future modifications (e.g., new partners, relocation).

Parents often fear that compromising equals surrender. On the contrary, empirical studies cited by Rolf Madaleno show that mediated parenting plans reduce enforcement litigation (cumprimento de sentença) by 45 % within the first two years.⁶ That statistic alone persuades many of our firm’s clients to embrace dialogue.

6 | Special scenarios

6.1 Domestic violence

Law 11.340/2006 (Lei Maria da Penha) mandates that any protective measure automatically triggers a reassessment of custody, prioritizing the safety of the child and the victimized parent. In practice, São Paulo judges may grant provisional sole custody within 48 hours of a police report, later revisiting the arrangement after psychological evaluation.

6.2 International relocation

If one parent wishes to move abroad, shared custody becomes complex. Article 13 of the Hague Child Abduction Convention (1980) requires the consent of the other parent or a court order authorizing relocation. Our experience as Lawyer Shared and Sole Custody in São Paulo shows that success hinges on presenting a relocation impact study: new school acceptance, language support, and realistic visitation logistics (airfares, accommodation).

6.3 Third-party custody

Grandparents or adult siblings may obtain sole custody when both parents are deemed unfit (Civil Code art. 1.634, §1º). Courts apply the same best-interest test but scrutinize the third party’s health, finances and prior bonding with the child.

7 | Step-by-step courtroom strategy

1. Pre-litigation consultation – Gather documents, map stakeholders, set realistic goals.
2. Preliminary hearing – CPC art. 695 requires the judge to propose mediation. Attend prepared with a draft parenting plan.
3. Psychosocial evaluation – Facilitate home visits, demonstrate cooperation. Avoid “coaching” the child; authenticity matters.
4. Interlocutory orders – If urgent (school enrollment, passports), request tutela de urgência under CPC art. 300.
5. Evidence phase – Cross-examine witnesses about daily caregiving. Highlight school attendance, medical appointments and extracurricular engagement.
6. Closing arguments – Invoke doctrine: Berenice Dias on emotional stability, Paulo Lôbo on legal definitions, Didier Jr. on procedural fairness.
7. Appeal if needed – Use Apelação or Agravo de Instrumento depending on whether final judgment or interlocutory decision is challenged.

8 | Frequently asked questions

Does shared custody mean the child spends 50 % of the time with each parent?
Not necessarily. Time-sharing should fit the child’s routine. Courts prefer quality of presence over mathematical symmetry.

Can a parent lose custody for non-payment of child support?
Failure to pay support alone rarely justifies removal of shared custody, but persistent contempt may weigh against the debtor parent during a modification request.

What happens if the custodian wants to change the child’s school without consulting the other parent?
In shared custody, unilateral major decisions may trigger a contempt motion (incidente de descumprimento) and even fines (CPC art. 536).

For a detailed discussion of support, contact us.

9 | How we can help

Our boutique practice rejects “assembly-line” litigation. Each case receives the direct attention of a senior partner, from the initial consultation to the final decree or negotiated settlement. By integrating doctrinal depth with courtroom pragmatism, we ensure your narrative resonates with judges, mediators and opposing counsel alike. Visit our page on Custody of Children for client testimonials and success stories, or explore the full range of Family Law Services in São Paulo we provide.

If you wish to understand our ethical compass and commitment to social justice, consult Our Legal Philosophy.

10 | Contact

Advocacy – Lawyer Shared and Sole Custody in São Paulo
For bespoke legal guidance or to discuss the particulars of your situation in confidence, reach us at:

• Email: contato@mariosolimene.com
• Phone (voice & WhatsApp): +55 11 3079-1837 | +55 11 98389-2403
• Office hours: Monday to Friday, 12:00 – 18:00 (UTC-3)

Footnotes & external references

1. Paulo Lôbo, Direito Civil: Famílias, 8th ed., Saraiva, 2024, p. 89.
2. Maria Berenice Dias, Manual de Direito das Famílias, 15th ed., RT, 2023, pp. 147-149.
3. Federal Constitution of Brazil, art. 227.
4. Paulo Lôbo, op. cit., p. 104.
5. Fredie Didier Jr. & Leonardo Cunha, Curso de Direito Processual Civil, vol. 3, 10th ed., JusPodivm, 2023, p. 566.
6. Rolf Madaleno, Curso de Direito de Família, 7th ed., Forense, 2024, p. 512.

External links consulted:

• Brazilian Civil Code – official text
• Law 13.058/2014 – Shared Custody Act
• STJ Jurisprudence Database on Shared Custody

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Advocacia – Guarda compartilhada e unilateral dos filhos menores – Para enviar suas dúvidas jurídicas ou dis­cu­tir as cir­cun­stân­cias do seu caso com mais detal­hes, entre em contato conosco pelo email contato@mariosolimene.com ou pelos telefones (11) 3079-1837 ou (11) 98389-2403 – de Segunda à Sexta. Horário de atendimento ao público é das 12:00 às 18:00 horas.