What is behind the increase in shared custody in Brazil

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— We also share schedules and travel. When one of us needs to take the kids somewhere, we set a date. On birthdays, we always try to organize a party where everyone is together — explains Karolaine Carvalho, resident of São Gonçalo (RJ), who even considered asking for full custody of the children, but then “put it aside” and realized that the value of a possible pension would not cover all expenses. — I thought sharing everything was more valuable, because then he also knows the real cost of looking after his children.

This is an increasingly common dynamic in Brazil. Data published yesterday by the IBGE show that, for the first time, the proportion of legal divorces in couples with shared custody has exceeded those in which only the woman had custody of the child. Vital statistics 2024 indicate that, in 44.6% of cases, ex-spouses decided to share responsibilities for minor children, while in 42.6% of them, responsibility fell solely on the mother. Separations in which the heirs are left alone with their father only represent 3% of cases.

From 2014 to 2024, the proportion of divorces with shared custody increased from 7.5% to 44.6%. Ten years ago, eight out of ten separated couples (85.1%) left custody of their offspring to the mother.

— Research shows that this reversal of the trend is a consequence of the 2014 law which began to prioritize shared custody even if there is no agreement between the parents, provided that both are able to exercise family power — says the research director, Klívia Brayner, in reference to the law on shared custody.

Specialist in family law, lawyer Vanessa Paiva emphasizes that with the change in legislation, “the judiciary has reversed the logic”:

— Shared custody has become the rule and unilateral custody has become the exception. Today, it is only possible to move away from this model in the event of abandonment, concrete risk for the child or exceptional situations. This means sharing co-parenting: medical decisions, school decisions, daily problems – he lists.

Adriana Cabral, also a family law attorney, adds that a cultural transformation is still underway, before the numbers are revealed:

— Parents began to take a more active role in their children’s routines. This has made shared custody the most natural and desirable model, because it helps strengthen the bond with both parents and reduce parental inequalities, he says. — Shared custody occurs so that the father assumes his responsibilities and so that the child is not treated as a “visitor”.

IBGE figures show that shared custody has increased in all units of the federation over the past decade. In proportional terms, this practice is most widely adopted in Amazonas, Mato Grosso and the Federal District, where six out of ten couples decide to share responsibility. But the most significant growth in this childcare model occurred in Sergipe (nearly 990%), Espírito Santo (723%), and Minas Gerais (705.8%).

Roraima is the state where the proportion of shared custody is the lowest and where this model has progressed the least (it has nevertheless increased by 99% in a decade). There, 87.5% of women remain solely responsible for their children after divorce.

Next comes Rio de Janeiro, with 26.45% of custody for both spouses, a percentage very close to that of custody for single women (26%). In Rio, however, more than 43% of cases are “unreported.”

The research provides data on live births, marriages, deaths and fetal deaths declared by civil registration offices of individuals; on judicial divorces pronounced by family courts, forums or civil courts; and also on extrajudicial divorces in notarial studies.

Still according to the IBGE, judicial divorces pronounced in first instance represented 81.8% of the country’s breakdowns in 2024. Of this type of divorce, via the Justice system, the highest proportion of dissolutions took place among families consisting only of minor children: 45.8% in 2024, compared to 46.3% in 2023. Next come divorces between couples without children (30.4%).

The data shows, on the other hand, that the number of divorces in Brazil decreased for the first time since 2019. The country recorded 428,301 dissolutions of marriages between people of different sexes last year, a decrease of 2.8% compared to the 440,827 cases recorded in 2023.

The reduction cuts the streak of four years of increase and comes in a context of changes in the profile of separations, such as the increase in shared custody and the reduction in the duration of marriages. The average time between marriage and divorce increased from 16 years in 2010 to 13.8 years in 2024.

After years of decline, civil marriages increased again in 2024. There were 948,925 registrations in civil registry offices, 0.9% more than in 2023, although far from the pre-pandemic level. The strongest expansion took place in the Center-West (2.6%), followed by the South (2.3%) and the South-East. The North-East is the only region to experience a decrease (-1.4%).