Child custody in São Paulo
Joint, sole or alternating custody — and modification of orders that no longer work. In person at Avenida Paulista or remotely.
5,0 · 18 Google reviewsCustody decides who makes decisions about the child's life — not just where the child lives. Since Law 13.058/2014, joint custody is the rule even when parents disagree; sole or alternating custody are exceptions that require justification. What governs every decision is the best interest of the child — not the parents' wishes.
The custody arrangements.
- Joint custodyShared decision-making on health, schooling and major choices — the legal default, applicable even in conflicted separations (Law 11.698/2008 and 13.058/2014).
- Sole custodyOne parent decides alone — granted when the other is unfit, absent or when cooperation is truly impossible.
- Alternating custodyThe child alternates periods living with each parent — requires proximity, cooperation and stability.
- Modification of custodyThe existing arrangement can be changed when circumstances change — relocation, alienation, neglect.
- Parental alienationWhen one parent turns the child against the other — Law 12.318/2010 with graduated sanctions up to transfer of custody to the other parent.
- Custody by grandparents or third partiesGuardianship or custody to relatives when parents cannot exercise it — a different institute from parental custody.
- Visitation and enforcementCustody without contact is broken — parenting time organizes the calendar and enforcement.
Best interest of the child — not the parents' preference.
Joint custody is the legal default even when parents cannot stand each other: the law presumes that shared decision-making serves the child. Sole custody requires evidence — unfitness, abandonment, impossibility of cooperation — not just a difficult relationship.
The judge does not ask 'which parent is better' but which arrangement serves the child: stability of routine, school continuity, the child's bonds, each parent's availability and, from a certain age, the child's own wishes.
Parental alienation is the recurring fault line: systematic disparagement, interference with contact, fabricated narratives. Law 12.318/2010 provides graduated sanctions — warning, increased contact, fines, up to transfer of custody to the other parent — and requires proof of a pattern, not isolated incidents.
Custody is never final: material change of circumstances — a parent relocating, neglect, the child's development — supports modification at any time. The existing order is the starting point, not the end.
How we run the case.
- Map the current arrangementWho decides, who lives with the child, the real routine — and what is failing.
- Choose the target modelJoint, sole or alternating — grounded in the child's actual needs, not the parent's preference.
- Prove the best interestSchool records, health, routine, the child's bonds — the evidence the court weighs.
- Obtain and enforce the orderAgreement or judgment — then enforcement when the other parent does not comply.
What to bring to the first conversation.
Documents that speed up the review
The child's routine and the history of care are the evidence that decides custody.
- The child's birth certificate
- Current custody or separation order
- School enrollment and performance records
- Health plan and medical records
- Evidence of each parent's routine and availability
- Messages and communications between parents
- Evidence of alienation or neglect, if claimed
- The child's own statements, where age-appropriate
Case review and a written proposal before any step is taken. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleTranslations of real client reviews published on Google.
Who leads this area.
Founding partner at Falchet e Marques (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas), she leads the real estate, family and probate practice. Straight to the point, no legalese.
Meet Letícia MarquesCommon questions.
Is joint custody mandatory?
It is the legal rule — applicable even when parents disagree (Law 13.058/2014). Sole or alternating custody are exceptions that require evidence: unfitness, absence, or circumstances that make shared decision-making impossible.
What is the difference between custody and living arrangements?
Custody is who makes decisions (health, schooling, major choices); living arrangements is where the child lives. Joint custody is compatible with the child living mostly with one parent.
Can custody be changed after it is set?
Yes — material change of circumstances supports modification at any time: relocation, neglect, the child's development, alienation. The existing order is the starting point, not the end.
What is parental alienation?
Systematic conduct by one parent to turn the child against the other — disparagement, interference with contact, fabricated narratives. Law 12.318/2010 provides graduated sanctions up to transfer of custody to the other parent.
At what age does the child choose?
There is no age at which the child legally chooses — but the judge weighs the child's stated preference increasingly from around 12. The best interest remains the deciding standard.
Can grandparents get custody?
Yes — through guardianship or third-party custody when parents cannot exercise it, or as de facto custodians. It is a different institute with its own requirements.
Does the current arrangement serve the child?
Send the existing order and the facts of the routine: we assess the viable model and the evidence — with a written proposal.