La tenencia compartida, su desarrollo e incidencia en el Derecho de Alimentos y Visitas

Abstract

Various institutions committed to family law are affected by legal loopholes and the subjection of the fate of minors to the healthy criticism of the justice operator, who, although aware of the problems that must be resolved, is more than aware that due to the procedural burden excessively imposed on them, they could not provide effective solutions that adhere to the current legal regulations. The objective of this investigative work is to interfere in one of these figures forgotten by the legislator, joint custody, in addition to the provisions that would be applied in terms of the children support and; care and supervision regime under the opposite custody to single parenthood; This would be achieved through the study of the aforementioned figures, the comparison of Ecuadorian legislation and jurisprudence (Sentence No. 28-15- IN/21) with other democratic States, in addition to practical cases that were presented before the now non-existent Juvenile Court and possible mediations with resolution in joint custody, with its subsequent execution through the courts. The results would be verified under the premises of affectation of the psycho-emotional ties between the parties, in addition to the deviation of the visitation regime to couple it to a joint custody.