La coparentalidad y tenencia de los hijos menores dependientes en el ordenamiento jurídico ecuatoriano.

Abstract

The present academic work deals with the analysis of co-parenting and the legal custody of dependent minor children in the Ecuadorian legal system in light of the criteria referred to in the subject regarding judgment No. 28-15-IN/21 in the action of unconstitutionality of articles 106 numerals 2 and 4 of the Organic Code of Childhood and Adolescence. Thus, the criteria of co-responsibility and parental authority are reviewed through the investigation in the way that should be interpreted according to the principle of the best interest of the child. Modifying in this way, the rules of possession, so that the general rule of preference to the mother in the care and possession of children is established as unconstitutional. Based on unrestricted respect for the right to equality and non-discrimination and those that deal with the rights of children. The development of the theme in is offered as a practical consultation tool for understanding the institution of tenure in Ecuador.