La custodia compartida como mecanismo para la aplicación del principio constitucional de igualdad y corresponsabilidad paterno-materno.

Abstract

This research analyzes the issue of shared custody as a mechanism for the application of the constitutional principle of equality and paternal-maternal co-responsibility, through a doctrinal, legal, and jurisprudential analysis served to understand the problem that revolves around filial parental relationships, that is, the right to care recognized in our country and that is the precursor together with parental co-responsibility to be able to implement parental co-responsibility joint custody, in accordance with the principle of the best interests of the child. Therefore, parents must reach mediation agreements to avoid traumatic experiences in children when it comes to separation or divorce. The scope was based on explanatory research on the institution of joint custody, which allowed a legal assessment of joint custody, parental co-responsibility and application in the Ecuadorian legal system. The inductive method made it possible to make observations on the characteristics of joint custody in national and international doctrine and subsequently to obtain general inferences. The systematic method was also used from the legal point of view, thus, normative analysis and the respective scope considering the fundamental rights in the matter of children and adolescents, the principle of the best interests of the child international treaties ratified by Ecuador. The main aspects of the application of joint custody for the benefit of children and adolescents lie in the right of parental co-responsibility, trough wich the institution of shared custody is born towards the integral development and life project of the children and healthy agreements between both parents.