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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| 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 |
| 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. |
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