La Tenencia Compartida en el Ecuador : necesidad de implementación de una reforma normativa en la legislación ecuatoriana.

Abstract

In Ecuador, Custody is ceded to the mother in more than 90% of cases, so there is a gender gap, which does not contribute to the strengthening of parent-child relationships, on the contrary, it leads to a dispute between the progenitors after There may be a divorce or separation, and also to a series of ideologies in children, destroying their emotional life, and harming their integral development. So, the reform to article 118 of the Code of Childhood and Adolescence, brings with it the desired implementation of shared custody. Therefore, the Constitutional Court declared the unconstitutionality of article 106, numerals 2 and 4 of the Code of Childhood and Adolescence, which establish maternal preference, for this reason, it is intended to avoid situations that cause discrepancies in the family nucleus, in order to respect the right of the principle of equality, the integral development of the child and protects the best interests of the child. Finally, shared custody has been applied in several countries, which has resulted in the effectiveness and solution of this conflict in families, therefore, the fundamental objective of this article is to create a balanced culture, where children grow up in harmony and maintain ties with both progenitors