Estándares Constitucionales sobre la Tenencia y Cuidado Personal de los NNA: Criterios de la Corte Constitucional

Abstract

Abstract: This research paper addresses the role played by the Constitutional Court of Ecuador in defining the standards governing custody and personal care of children and adolescents. Its jurisprudence has consolidated criteria that seek to guarantee the comprehensive protection of children's rights, always prioritizing their best interests. These standards include equality between parents, parental co-responsibility, the appreciation of emotional bonds, and consideration of the emotional and material conditions that parents can provide. Furthermore, the Court has incorporated the voices of children, recognizing that, depending on their age and maturity, their opinions must be heard when decisions are made regarding their care. These criteria have made it possible to overcome traditional views that automatically granted custody to one parent, promoting instead decisions based on the reality and well-being of each child. This jurisprudential framework reinforces the need to apply sensitive and personalized approaches that always prioritize the emotional stability and comprehensive development of children and adolescents.