Tenencia compartida en Ecuador : solución o conflicto para el desarrollo integral de los menores.

Abstract

Over time, the dissolution of the marriage bond in our society has increased consideringly, and our country is not the exception; due to this trend, minors are primarily affected. The current Constitution of the Republic of Ecuador points out that children and youngsters belong to the vulnerable population, which is why the government, family, and society have the duty of protecting and taking care of them. In our current legislation, gender equality exists regarding minors’ custody; this modification was carried out in 2021 by the Constitutional Court through a reform, in which the unconstitutionality of sections 2 and 4 of article 106 of the Childhood and Adolescence Code, in order to safeguard the best interests of the minors, the reform seeks to grant the care to the person who is more emotionally and psychologically capable whether the mother or the father. A vast improvement in childhood and family matters resulted from the modification stated above since before this reform, in case of marriage breakout or divorce, as a general order, the mother was the one who assumed the responsibility for the minors through exclusive custody or single-parent custody. The present study pretends to analyze if the application of joint custody in our legislation is feasible both for the minor and the family bond, as means of supporting this decision better, comparative law with other legislations like ours has been established.