December 22nd, 2014 Law No. 13.058 Establishing the meaning of joint custody, and providing for its application

December 22nd, 2014 Law No. 13.058 “Establishing the meaning of joint custody, and providing for its application” (Brazil Federal Gazette 248, December 23, 2014)

Law No. 13.058, DECEMBER 22, 2014

Amends articles 1.583, 1.584, 1.585 and 1.634 of Law No. 10.406, of January 10, 2002 (Civil Code), to establish the meaning of the expression “shared custody” and provide for its application.

THE PRESIDENT OF THE REPUBLIC

I make it known that the National Congress decrees and I sanction the following law:

Article 1 This Law establishes the meaning of the expression “shared custody” and provides for its application, which modifies Articles 1.583, 1.584, 1.585 and 1.634 of Law No. 10.406 of January 10, 2002 (Civil Code).

Article 2 Law No. 10,406, of January 10, 2002 (Civil Code) comes into force with the following amendments:

“Article 1.583. …………………………………………………………………………………………………………………………………………………………….

§2 In shared custody, the time spent with the children must be divided in a balanced manner with the mother and father, always bearing in mind the phatic conditions and interests of the children. I - (revoked);
II - (revoked);
III - (revoked).

§3 In shared custody, the city considered to be the base of the children’s housing shall be the one that best meets the interests of the children. ……………………………………………………………………………………………

§5 Unilateral custody obliges the father or mother who does not hold it to supervise the interests of the children, and to enable such supervision, any of the parents will always be a legitimate party to request information and/or accountability, objective or subjective, in matters or situations that directly or indirectly affect the physical and psychological health and education of their children”.

“Art. 1.584. ………………………………………………………………………………………………………………………………………………………………..

§2 When there is no agreement between the mother and father regarding custody of the child, both parents being able to exercise family power, shared custody will be applied, unless one of the parents declares to the magistrate that he or she does not want to the custody of the minor.

§3 To establish the attributions of the father and mother and the periods of coexistence under shared custody, the judge, of office or at the request of the Public Prosecution Service, may be based on technical-professional orientation or interdisciplinary team, which shall aim at a balanced division of time with the father and mother.

§4 The unauthorized alteration or the unmotivated non-fulfillment of a clause of unilateral or shared custody may imply the reduction of prerogatives attributed to its holder.

§5 If the judge finds that the child should not remain under the custody of the father or mother, he shall grant custody to the person who reveals compatibility with the nature of the measure, considering, preferably, the degree of kinship and the relationships of affinity and affection.

§6 Any public or private establishment is obliged to provide information to any of its parents about their children, under penalty of a fine of R$ 200,00 (two hundred reais) to R$ 500,00 (five hundred reais) per day for failure to comply with the request”.

“Art. 1.585. In the event of an injunction to separate bodies, in the event of an injunction to secure custody or in another instance of injunction to secure custody, the decision on custody of children, even if provisional, shall be issued preferably after the The judge shall hear both parties, unless the protection of the interests of the children requires the granting of an injunction without the hearing of the other party, applying the provisions of art. 1.584”.

“Art. 1,634. It is incumbent upon both parents, whatever their marital situation, to fully exercise family power, which consists of, with respect to their children:
I - directing their upbringing and education;
II - exercising unilateral or shared custody in accordance with art. 1,584;
III - granting or denying them consent to marry;
IV - granting or denying them consent to travel abroad;
V - granting or denying them consent to move their permanent residence to another municipality;
VI - appoint them guardianship by will or authentic instrument if the other parent does not survive, or the survivor cannot exercise family power;
VII - to represent them judicially and extrajudicially until the age of sixteen (16), in acts of civil life, and to assist them, after that age, in acts to which they are parties, supplying them with consent;
VIII - claim them from those who illegally detain them;
IX - demand obedience, respect and the services proper to their age and condition”.

Article 3 This Law comes into force on the date of its publication.

Brasília, December 22, 2014; 193rd of Independence and 126th of the Republic.

DILMA ROUSSEFF

José Eduardo Cardozo

Laudinei do Nascimento

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