Vacíos legales en la regulación de la tenencia compartida en el Código de la Niñez y Adolescencia (CONA).

Abstract

Regarding the Code of Childhood and Adolescence (CONA), it has been possible to identify regulatory gaps in terms of the regulation of shared custody. Therefore, it is highlighted that the lack of clarity has been generating legal uncertainty tending to make visible the inequality in the application of this legal institution. When addressing the issue, legal solutions will be promoted in order to ensure equal responsibility between parents for the comprehensive well-being of children. The research will ensure that the right to a balanced relationship between both parents is respected. The objective was to analyze the absence of explicit regulation and the impact on parental rights against the best interests of minors. The work explains concepts related to shared parental responsibility, starting from maternal preference, as well as the risks associated with the context of child custody. Starting from a perspective of gender equality and child welfare, the study has used a qualitative methodology, historical, analytical and comparative methods to analyze the regulatory gaps of shared custody in Ecuador. Likewise, jurisprudence and doctrine were used to understand the limitations of the Code of Childhood and Adolescence (CONA), comparing international models as a reference with a view to proposing reforms and promoting parental equality, as well as child welfare. Finally, an approach is made to the laws and regulations that affect parenthood, explaining the direct impact on gender dynamics. Faced with this analysis, the purpose of having parents assume their role in parenting is exposed, proposing the need to legislate on shared custody, strengthening parental co-responsibility to align with international principles.