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Free Guide to Hiring a Family Lawyer
In Brazil, a Parenting Plan, or plano de parentalidade, is a structured agreement or court order that guides how a child will be cared for after separation or divorce. It covers custody, time with each parent, education decisions, healthcare, and other key aspects of the child’s well being. The framework is built on protections for children found in the Estatuto da Criança e do Adolescente (ECA) and the Civil Code, with practical guidelines for shared responsibility between parents.
In Butia and throughout Rio Grande do Sul, courts generally favor custody arrangements that maximize the child’s stability and ongoing relationship with both parents. Although not a single nationwide form, a Parenting Plan is commonly used with guard is shared custody as the default under Brazilian law. Courts can approve an agreement you and the other parent reach, or draft a plan if you cannot agree after mediation.
“A guarda compartilhada e o plano de convivência são fortalecidos pela Lei 13.058/2014, que estabelece a regra da guarda compartilhada como padrão e define diretrizes para o convívio.”
Source: Lei 13.058/2014 (Planalto) - guarda compartilhada e convivência; https://www.planalto.gov.br/ccivil_03/_Ato2011-2014/2014/Lei/L13058.htm
For the full legal framework, see the official texts governing children’s rights and family law topics. These laws shape how Butia’s courts approach parenting plans and set expectations for parents and guardians. Recent trends emphasize child welfare, stability, and predictable schedules for school-aged children.
Estatuto da Criança e do Adolescente (ECA) - Lei 8.069/1990 governs the fundamental rights of children and adolescents in Brazil. It provides the baseline protections for custody, care, and the child’s welfare, and guides courts in parenting disputes. The law has shaped the emphasis on the child’s best interests in family court decisions. Source
Lei 13.058/2014 establishes the default rule of guarda compartilhada and defines oPlano de Convivência (the parenting plan) to formalize how time with each parent is shared and how decisions are made. It aims to provide stable, continuous contact with both parents, unless a court finds reasons to limit access. Source
Código de Processo Civil (CPC) - Lei 13.105/2015 governs procedural steps for civil cases, including family law matters such as custody and parenting plans. It sets timelines, discovery standards, mediation options, and appeal processes that affect how parenting plan cases move through the court system in Butia and the state of Rio Grande do Sul. Source
In the state of Rio Grande do Sul and in Butia, local procedures follow these national laws. Family matters frequently involve mediation centers (Cejusc) and the local Comarca’s family courts, which apply the ECA, Lei 13.058/2014, and CPC rules to reach or enforce parenting plans. For court-specific guidance, consult the Tribunal de Justiça do Rio Grande do Sul (TJRS) resources.
A parenting plan formalizes arrangements for custody, visitation, education decisions, and health care. It can be negotiated by the parents or ordered by a court when agreement cannot be reached. The plan emphasizes the child’s best interests and stability.
Guarda compartilhada means both parents share major decisions and time with the child. It is encouraged by Lei 13.058/2014 as the default arrangement, unless there are safety or welfare concerns. The plan may specify a schedule that suits the child’s needs.
File when you cannot reach an agreement about custody, visitation, or schooling. A court may also require documentation or mediation before issuing a binding order. Timelines depend on case complexity and court availability.
A parenting plan focuses on daily life coordination, schedules, and decisions affecting the child. A custody agreement formalizes who has the child and under what conditions. In practice, many plans address both custody and the child’s day-to-day life.
While you can represent yourself, a lawyer helps prepare the plan, gather evidence, and navigate court rules. A lawyer can also negotiate on your behalf and explain local courtroom practices in Butia.
Costs vary by case complexity and lawyer experience. Expect initial consultations to range from a few hundred to a couple thousand reais, with ongoing fees tied to case progress and court appearances.
Simple agreements may be finalized within a few months, while contested cases can take longer depending on court backlog and mediation outcomes. Local practices in RS influence the exact timeline.
No, fault is not generally required for custody orders or parenting plans. Courts focus on the child’s best interests, stability, and ability of each parent to provide care.
A visitation schedule is typically a component of the parenting plan, detailing when the child spends time with each parent. The plan also covers major decisions about education, health, and welfare.
Yes, a plan can be modified if circumstances change significantly. A parent can petition the court for changes to the schedule, travel, or decision-making authority.
Relocation requires court involvement if it affects the child's access to the other parent or schooling. A relocation review weighs the child’s best interests and may adjust the plan accordingly.
Court-affiliated mediation centers (Cejusc) and local family law clinics in RS offer mediation services. Mediation can help you reach a plan without a full court hearing.
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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.
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