Revisión jurídica de la figura de tenencia compartida, con la finalidad de reformar la legislación ecuatoriana.

Abstract

The purpose of this work is to analyze the need to generate legal provisions that guarantee equality between parents and protect the rights of children and adolescents in Ecuador, through the legal figure of shared custody. The research follows a qualitative and formal legal dogmatic approach. We rely on primary sources such as literature review, regulations, and resolutions in line with the object of study. The research is structured into two chapters. The first chapter will deal with the general aspects of the topic, such as definitions, objectives, characteristics, among others. In the second chapter, the legal problems will be analyzed, and the appropriate solutions will be developed based on them. It is necessary to compare the legal issues with comparative law since it would strengthen the criterion and motivation of shared custody, as the fundamental principle of the rights of children and adolescents should not be interrupted, violated or affected in any way. Shared custody is a way to protect the rights of children and adolescents and promote their emotional and psychological well-being. This research will demonstrate the need to generate legal provisions that guarantee equality between parents and protect the rights of children and adolescents. The results of this research can contribute to improving the implementation of shared custody in Ecuador, promoting equality between parents and protecting the rights of children in the family environment. Finally, we will present the conclusions and recommendations that emerged within the research, including possible legislative reforms that must be implemented within the Ecuadorian Code of Childhood and Adolescence, including the legal figure of shared custody.