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According to Lawyer Cíntia Brunelli, lack of money is not a legal reason to take custody of a child; only proven serious situations allow for this measure.
The custody of a child can only be taken in extreme and proven circumstances of risk to the child. According to lawyer Cíntia Brunelli, Brazilian law is clear: unemployment or lack of financial resources does not justify the loss of custody. In these cases, the other parent’s duty is to supplement child support, not to distance the child from the presence of their father or mother.
The judicial process that addresses loss of custody is rigorous. It involves psychosocial assessments, hearings, and evidence collection, always based on the principle of the best interest of the child. Even after the decision, custody can be reviewed if there is a change in the family reality, ensuring flexibility for the well-being of the minor.
Who Can Lose Custody of a Child
The law provides that both the mother and the father can lose custody of the child if they fail to fulfill legal duties of care, protection, and guidance.
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This removal does not occur automatically, as lawyer Cíntia Brunelli reminds, but only by express determination of a judge, after detailed analysis of the evidence presented.
This rule exists to protect the child from physical, psychological, or moral risks, and cannot be used as a tool for threats in family disputes.
The 7 Serious Situations That Lead to Loss of Custody
According to specialist Cíntia Brunelli, there are seven most serious scenarios that may justify the loss of custody of a child:
Neglect: leaving the child alone, denying affection, failing to meet basic needs even when capable, or neglecting education.
Disproportionate Punishments: applying physical violence, humiliation, or causing psychological trauma.
Acts Against Morality: drug use, alcoholism, prostitution, or exposure to violent environments.
Parental Alienation: manipulating the child against the other parent, creating artificial rejection.
Severe Negligence: ignoring essential medical care, hygiene, health, and education.
Criminal Activities: involvement with drug trafficking, dangerous organizations, or crimes that threaten the child.
Exposure to Risky Environments: allowing the child continuous contact with violence, drugs, or abuse, even without direct aggression.
These points are analyzed on a case-by-case basis, always based on technical reports and testimonies that prove the risk.
Where the Child Will Live in Case of Loss of Custody
If a judicial decision removes custody of the child, the priority is to transfer it to the other parent.
If that is not possible, close relatives may assume responsibility.
Only as a last resort is the child placed in institutional care.
Brazilian law prioritizes shared custody, but in cases of violence or geographical distance, unilateral custody may be determined.
Why Threats Are Invalid
Many parents use the threat of losing custody as a form of psychological pressure in family disputes.
However, as lawyer Cíntia Brunelli emphasizes, such threats have no legal basis if there is no concrete evidence of risk to the child.
Those who cannot afford a lawyer can seek free assistance from the Public Defender’s Office or from legal practice centers at universities, ensuring the right to defense and proper guidance.
The custody of a child can only be taken in serious and duly proven cases, never simply due to lack of money.
Knowing the law is essential to avoid manipulations, protect family ties, and ensure that the focus of the Justice system remains on the healthy development of the child.
Do you think Brazilian Justice is strict enough to protect children at risk, or does it still fail in some areas? Leave your opinion in the comments — we want to hear from those who have experienced similar situations.
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