Derecho

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    El interés superior del niño y la custodia compartida
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2017-01) Acosta Luzuriaga, Edisson Lenin; Cortés Naranjo, Edwin Wilfrido
    The graduation work on "SHARED CUSTODY AND CHILD'S BEST INTERESTS", is to propose the institution within Ecuadorian law of joint custody, this in order to avoid the principle the best interests of the child to be violated. In our country after divorce or separation from a partner, the mother is whom in most cases is left with the custody of children, without an assessment of what really is beneficial to the child. Thus the child is deprived of sharing on equal terms with the father and mother; that is, it violates the best interest of the child. Sole custody, currently, the only one applied in our country according to our legislation. In all situations of family crisis it does not contribute to strengthening parental relations subsidiaries; in the contrary, it causes emotional relationships between the child and the parent who does not have custody to disappear. So according to the above, in order to ensure the effective implementation of the rights of children we have seen the need to incorporate into Ecuadorian law joint custody of minor children after a divorce or separation of their parents. Joint custody, according to comparative law, is applied in situations of family crisis, for instance, in a divorce or separation, and is eminent by the fact that parents alter care and coexistence of their children, equal rights and duties, in order to meet their needs both material and spiritual. The application of joint custody in countries like Spain, Chile and others, has been very beneficial, since this prevents children growing up with psychological problems; besides, it also allows children to hold affective bonds with both parents.