Since 2014, shared custody has been the rule provided for in our legal system, with sole custody only being applied in cases where one of the parents shows no interest in shared custody, or in the best interests of the child.
However, with the enactment of Law 14,713/2023, a new provision is now provided to rule out the possibility of shared custody: the presence of elements that demonstrate the likelihood of a risk of domestic or family violence.
The modification is intended to serve the best interests of the child and adolescent. However, the change must be applied with caution in practice to avoid removing one parent from their children, given possible false reports of violence, disguised as an attempt to alienate the child from their relationship with their father.
