Guarda compartilhada / Joint custody
AUTOR(ES)
Maria Manoela Rocha de Albuquerque Quintas
DATA DE PUBLICAÇÃO
2004
RESUMO
Childrenâs custody, shared by both parents through the equal parental rights and responsibilities, grants children the fundamental right of living in a family. When parents divorce, custody can be awarded to one of then, alternate between them or continue the same way when parents were together, being shared by both. In this custody arrangement both parents actively participate in their children lives, sharing rights and responsibilities with an equal say in decision-making. It is a way of maintaining intact the parental rights and esponsibilities after a family rupture, and keeping a love and affection constructed relation between parents and children to avoid conflicts that can disturb children development. It emerges from the search of childrenâs best interest; non-defensible application of sole custody arrangement; men and womenâs equal rights and responsibilities related to children; joint custody factual application; and, the difference between coupleâs relationship and parents and childrenâs relationship. Can be practiced with or without childrenâs alternate residence. Itâs practice presents some requirements and some problems to be faced by parents. A research proves the possibility to operate it and the necessity to divulge this institute. Joint custody brings some benefits for all involved in a family rupture and finds on mediation an instrument to promote it and grants its application, because the arrangement of joint custody must be parentsâ decision. In comparative law, joint custody is frequently applied. Brazilianâs law doesnât obstruct joint custody application, however, there should be a specific legal presumption that, in normal conditions, it represents childrenâs best interest, because it observes the best familiarity between parents and children
ASSUNTO(S)
famÃlia direito guarda compartilhada familiarity joint custody convivÃncia family
