What happens to child custody after divorce?
Conditional, but joint exercise of parental responsibilities is the legal rule. For major decisions (school, health, moving abroad), exercise is joint between both parents (art. 1906 of the Civil Code); day-to-day acts fall to whoever the child is with. Alternating residence has been possible since Law 65/2020 — the court can order it, even without the parents' agreement, when it's in the child's interest, but it's an option, not the rule. With agreement, it's settled at the Registry (with the Public Prosecutor); in dispute, at the Family Court. Child support is owed; if unpaid, the Maintenance Guarantee Fund (FGADM) pays up to 1 IAS (€537.13 in 2026). In short: joint exercise; alternating residence only by decision.
📋 The rules
- Major decisions: joint exercise (art. 1906)
- Day-to-day acts: by the parent the child is with
- Alternating residence: a court option (Law 65/2020)
- Agreement at the Registry; dispute at the Family Court
- Unpaid support: FGADM pays up to 1 IAS (€537.13 in 2026)
🔓 Exceptions
- Sole custody if joint exercise harms the child
- Alternating residence refused in domestic violence/high conflict
- Moving abroad: always needs both parents' consent
⚠️ Penalties & fines
There's no "fine" — the issue is the regulation of parental responsibilities and child support. If a parent doesn't pay support, the Maintenance Guarantee Fund (FGADM) ensures payment up to 1 IAS (€537.13 a month in 2026, updated yearly), provided each household member earns below 1 IAS. Default can also lead to enforcement and liability. Beware a myth: unlike Brazil (shared custody as the rule since 2014), in Portugal alternating residence is NOT the rule — it's one option, decided in the child's interest (the proposal to make it the rule didn't pass). To regulate parental responsibilities: with agreement, use the Registry; in dispute, go to the Family Court; and if support isn't paid, trigger the FGADM.
📎 Official sources
❓ Frequently asked
What happens to child custody after divorce?
As a rule, the exercise of parental responsibilities is joint for major decisions, such as school, health or moving abroad. Acts of daily life fall to the parent the child is with at the time. The child's residence and time with each parent are set in the agreement or by the court.
Is alternating residence the rule?
No. Alternating residence is an option, possible since Law 65/2020, which the court can order, even without the parents' agreement, when it's in the child's interest. But it isn't the legal rule. It's a myth, sometimes imported from Brazil, that alternating residence is the default in Portugal.
Who decides parental responsibilities?
If the parents agree, the regulation is done at the Civil Registry, with the Public Prosecutor's involvement. If there's a dispute, it's decided by the Family and Minors Court, under the General Regime of the Civil Guardianship Process. In both cases, the child's interest prevails.
What if child support isn't paid?
If the obligated parent doesn't pay support, the State can ensure payment through the Maintenance Guarantee Fund for Minors, up to 1 IAS, which in 2026 is €537.13 a month. There are household means conditions. Default can also lead to judicial enforcement.
Can I take my child abroad?
Moving the child's residence abroad is a decision of special importance, which always requires both parents' agreement, as it falls within the joint exercise of parental responsibilities. Without agreement, the matter has to be decided by the court, always in the child's interest.
🔎 Common searches
What people search to land here:
- “child custody divorce portugal”
- “joint exercise responsibilities”
- “alternating residence law 65/2020”
- “child support fgadm”
- “parental regulation registry”
- “maintenance guarantee fund ias”