Applicability of the Compulsory Joint Custody in View of the Protection and Best Interest of Children

The present research has to base the joint custody study, checking its compatibility with the best interest of children´s principle. With the enactment of Law n. 13,058/ 2014, which gave character obligation to joint custody, led to huge disagreement among scholars, to mention that the interaction t...

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Bibliographic Details
Author: Rodrigues, Edwirges Elaine
Format: article
Status:Published version
Publication Date:2016
Country:Brasil
Institution:Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI)
Repository:Revista de Direito de Família e Sucessão
Language:Portuguese
OAI Identifier:oai:ojs.indexlaw.org:article/871
Online Access:http://www.indexlaw.org/index.php/direitofamilia/article/view/871
Access Level:Open access
Keyword:Parental authority
Best interest of the children
Joint custody
Autoridade parental
O melhor interesse dos filhos
Guarda compartilhada
Description
Summary:The present research has to base the joint custody study, checking its compatibility with the best interest of children´s principle. With the enactment of Law n. 13,058/ 2014, which gave character obligation to joint custody, led to huge disagreement among scholars, to mention that the interaction time between parents and children must be balanced, referring to confusion with alternating custody, harmful to offspring. Thus, the chosen method was deductive, which held a review of the literature on the Law of Families and especially the Institute of parental authority and joint custody.