Best Child Custody Lawyers in São Paulo

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Ernesto Rezende Neto Advocacia

Ernesto Rezende Neto Advocacia

São Paulo, Brazil

Founded in 1989
6 people in their team
Portuguese
English
Law firm in São Paulo, Brazil, since 1983 - Specialists in Civil Law, Family Law, Succession Law (Probates) and Labor Law.Traditional litigation, but also pioneers in alternative methods of conflict resolution in Brazilian legal scene.Boutique practice, minimalist structure and highly...
Motta Fernandes Lawyers

Motta Fernandes Lawyers

São Paulo, Brazil

Founded in 1956
200 people in their team
Portuguese
English
Over our 60-year history, we have chosen to gradually increase our number of partners and associates to allow an organic growth enabling Motta Fernandes to broaden its practice areas.The full range of services we offer and the quality of our lawyers, allows Motta Fernandes to provide excellence in...
Marcello Benevides Legal Advice

Marcello Benevides Legal Advice

São Paulo, Brazil

Founded in 2005
50 people in their team
Portuguese
English
Who is Marcello Benevides?Specialist in family holding and asset protection.Marcello Benevides is the CEO of the firm, a lawyer specializing in family holdings and asset protection, with over 17 years of experience. His career in law has been guided by the desire to protect family assets and ensure...
Dr. Maurício Ejchel

Dr. Maurício Ejchel

São Paulo, Brazil

Founded in 1996
10 people in their team
English
Portuguese
Dr. Mauricio Ejchel is a distinguished international lawyer based in São Paulo, Brazil, with a profound expertise in international family law and Hague Child Abduction cases. He holds a Law degree from the esteemed Catholic University of São Paulo and a postgraduate degree in International...
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About Child Custody Law in São Paulo, Brazil

Child custody law in São Paulo, Brazil, falls under the country's wider family law. Essentially, the law is designed to serve the best interests of the child and promotes shared custody so that both parents continue to have extensive and enduring relationships with their children post-separation or divorce. In cases where the well-being or safety of the child is in question due to domestic violence or abuse, the court may grant sole custody to one parent.

Why You May Need a Lawyer

Child custody cases can be complex and emotionally challenging, often involving various sensitive aspects such as visitation rights, child support, and possibly accusations of neglect or abuse. A lawyer can provide guidance on managing these issues effectively and legally. Moreover, attorneys can represent you in court, advising on the best possible solutions, and helping to protect your parental rights.

Local Laws Overview

The Brazilian Civil Code governs child custody laws in Brazil. This law states that post-divorce or upon the parents' separation, custody should ideally be shared so that the child maintains strong relationships with both parents. Nonetheless, the decision is ultimately based on the child's best interests. In the case of parental alienation or if the child's physical or mental wellbeing is threatened, the court may consider giving sole custody to the non-offending parent.

Frequently Asked Questions

1. Can Child Custody be Modified in São Paulo?

Yes, child custody can be modified if significant changes to the child's or parents' situation occur, or if it ultimately serves the best interest of the child.

2. At What Age Can a Child Decide Which Parent To Live With in São Paulo?

In Brazil, children over 12 years old are legally allowed to express their preference, but the judge has the final say, taking into account the child's best interests.

3. How is Child Support Determined?

Child support in São Paulo is based on the needs of the child and the parents' ability to meet those needs. This usually includes education, health, food, and other basic necessities.

4. What happens if a parent does not respect the visitation schedule?

By law, both parents must respect the established visitation schedule. Non-compliance can lead to legal penalties, including a modification in custody arrangements.

5. Can a Non-Biological Parent Obtain Custody?

Yes, when it's in the best interest of the child, custody can be granted to a non-biological parent, such as a stepparent or grandparent.

Additional Resources

The Brazilian Federal Council of Psychology and the Brazilian Institute of Family Law can provide additional resources and guidance. Furthermore, local government bodies such as the São Paulo Court of Justice can help with legal procedures and advice.

Next Steps

If you require legal assistance in a child custody case, it is advisable to consult with a knowledgeable, local family lawyer. Prepare a comprehensive list of your concerns and questions, and gather all relevant documents such as birth certificates, financial records, or previous custody agreements as this will ease your navigation through the legal procedures ahead.

Lawzana helps you find the best lawyers and law firms in São Paulo through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Child Custody, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in São Paulo, Brazil—quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.