La vulneración de los principios del derecho en la tenencia de hijos menores, un estudio crítico.

Abstract

This study addresses child custody as a central institution of family law, analyzing its theoretical, regulatory, and practical framework in Ecuador. From the perspective of the best interests of the child, it examines the vulnerabilities that arise in judicial decisions when the child's comprehensive well-being is not prioritized. The research justifies the need to strengthen principles such as equality and due process, highlighting shortcomings in the reasoning behind rulings, the evaluation of evidence, and the persistence of gender stereotypes. The study proposes the explicit incorporation of shared parental responsibility into the legal framework, the mandatory nature of shared custody, and the requirement of strict justification, along with interdisciplinary protocols that guarantee children's participation and fairer decisions. The conclusion emphasizes that only through legal reforms, judicial training, and the application of international standards will effective judicial protection be achieved, ensuring comprehensive protection and the full development of children and adolescents.