Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract:Custody is considered a legal institution that determines which parent the children will remain with upon separation and divorce, guaranteeing their progressive care, upbringing, and overall well-being. The objective of this research is to analyze and evaluate the correct and sufficient justification of the judgments issued by the various first-level judges in Ecuador. The methodology applied in the research focused on the corresponding study of the justification of the judicial judgment within case No. 06101202302644, incorporating and integrating an analytical approach. Each of the results shows that every decision regarding custody must be justified by the specificities and particularities of the case, being evaluated individually and incorporating different objective criteria such as the emotional, economic, and moral capacity of the parents. It is concluded that custody is considered a right and duty of personal care for each minor and serves as a vital legal institution within the framework of comprehensive protection in the nation.