Análisis jurídico y doctrinal de la tenencia compartida y su regulación en la norma sustantiva y procedimental como garantía del interés superior del niño

Abstract

Abstract: In this degree work, the regulation of shared custody will be analyzed in order to to guarantee the best interests of the child regarding the parent-filial relationship of children with the two parents, as well as assuming equally the rights and obligations arising from the legal figure of parental authority. With the dissolution of the marriage bond or the Separation gives rise to a transcendental issue that is the possession of the child or adolescent. The problems generated around the possession of non-emancipated children impact both in those involved as well as in society in general, so it has become pertinent to carry out a concrete study of the family figure of shared ownership and what its advantages are or disadvantages. From a legal and doctrinal context, it will be revealed how the regulation of shared possession in the substantive and adjective norm of Ecuador would benefit both the child, girl and adolescent in their maternal and paternal filial relationships, for this purpose the comparative legislation addressing the analytical, scientific, exegetical, qualitative and quantitative.