Vulneración del interés superior del niño por inexistencia de la tenencia compartida en Ecuador.

Abstract

The custody is that institution within the scope of family, childhood and adolescence, regulated in the Code of Childhood and Adolescence. From said regulation that tends to the protection and care of the child there is a conflict that arises from the preference of the mother or the father to receive the custody of the minor, said institution has been modified at present. This thesis will be based on the first chapter on the legal problem derived from the custody that one of the parents has with respect to their child and the general analysis of the subject, which encompasses the characteristics, definitions, the problems it entails, its elements, among others. And, on the other hand, in the second chapter, the analysis of comparative law, the solutions to this legal problem, in order to strengthen a greater criterion on the figure of shared custody, ensuring the best interests of the child.