Incorporación de la tenencia compartida en la legislación ecuatoriana.

Abstract

The custody of children is predominantly awarded to the mother following a divorce or separation, which gives rise to issues in the parent-child relationship between the father and his children due to the lack of cohabitation and care that he can no longer provide. The absence of the non-custodial parent results in emotional and psychological impact on minor children, affecting their holistic development. The Law dictates that in cases of parental disagreement, the judge is tasked with making the decision, for which they must possess reports from the Technical Office demonstrating the emotional stability and psychological maturity of both parents. This enables them to identify who can provide the minor children with the optimal conditions of care and enable their development. This method of regulating custody is implemented in countries such as France, Sweden, Canada, the United States, Chile, and Spain. Additionally, the judge must take into consideration the child's opinion in line with their capacity and maturity. However, when the child is an adolescent, their opinion becomes mandatory for the judge's decision. The introduction of the figure of shared custody in family law represents a new alternative to solve problems of inequality and exclusion in the participation of parents in the lives of their children, and it is important that it be considered by the countries subscribing to the Convention on the Rights of the Child, whose primary obligation is the full exercise of rights and welfare in situations of family conflict.