Child Custody and Child Support in Brazil When One Parent Resides Abroad

Child Custody and Child Support in Brazil When One Parent Resides Abroad

Children with a parent living outside their country of residence are becoming increasingly common. When one parent lives outside Brazil, matters involving child custody, visitation rights, and child support often generate legal uncertainty and significant risk. Brazilian law establishes specific rules for these situations, and misunderstandings may result in prolonged disputes and costly litigation.

This article outlines how Brazilian courts address child custody and child support cases when one parent resides abroad, emphasizing the importance of proper legal guidance.

1. Which Country Has Jurisdiction Over a Child living in Brazil?

When a child has habitual residence in Brazil, Brazilian courts have jurisdiction over matters related to child custody, visitation rights, and child support, pursuant to Articles 50 and 53, item II, of the Brazilian Civil Procedure Code.

Jurisdiction is determined primarily by the child’s center of life, rather than by the nationality or residence of the parents. Therefore, even if one parent resides abroad, Brazilian courts remain competent to rule on family law matters involving the child when Brazil is the child’s habitual place of residence.

2. Child Custody Under Brazilian Law

Brazilian family law prioritizes the best interests of the child. Shared custody is the default legal rule, even in cases where one parent lives abroad, provided that parental cooperation is feasible and consistent with the child’s welfare.

Sole custody may be granted only if one parent expressly waives shared custody before the court or if there are elements indicating a risk of domestic or family violence, pursuant to Article 1.584, paragraph 2, of the Brazilian Civil Code. Each case is assessed individually, based on factual circumstances and evidence presented during the proceedings.

3. International Visitation

In cross-border family cases, Brazilian courts may establish specific visitation arrangements, including extended vacation periods, virtual visitation through electronic means, and detailed travel authorization rules.

The primary objective of these measures is to preserve and strengthen the bond between the child and the non-resident parent. In custody proceedings, courts frequently order forensic evaluations conducted by professionals such as psychologists and social workers in order to better assess the family dynamics and the child’s social and emotional environment.

4. Child Support When One Parent Lives Abroad

Child support obligations apply regardless of the paying parent’s country of residence. Brazilian courts evaluate the child’s needs in conjunction with the non-custodial parent’s financial capacity.

Child support is generally established as a monthly obligation, either as a percentage of the non-custodial parent’s income or as a fixed amount based on the Brazilian minimum wage. International residence does not exempt a parent from compliance with child support orders issued by Brazilian courts.

Final Considerations

Each international family situation presents unique legal and factual challenges. When a child resides in Brazil and one parent lives abroad, careful legal analysis is essential to ensure proper jurisdiction, enforceable court decisions, and the protection of the child’s rights.

Professional legal guidance plays a crucial role in preventing long-term disputes and ensuring compliance with Brazilian family law.

If you need to file a lawsuit involving a child’s rights in Brazil, feel to contact for guidance or legal representation by clicking here!

Matheus Costa

OAB/RS 96.769

Brazilian Lawyer — Experience in Family Law

Postgraduate and Master of Science in Law