Shared custody as a way to inhibit parental alienation

Authors

DOI:

https://doi.org/10.24302/acaddir.v6.4935

Keywords:

Right to Coexistence, Shared Guard, Parental Alienation, Best Interest

Abstract

This article intends to analyze shared custody and its relevance as a way to inhibit parental alienation. Its purpose is to analyze the family and its transformations over the years, from a general approach, identifying new formations based on the premise of affection and the best interest of the child or adolescent, certifying the importance of parental obligations regarding the children, identifying the types of custody in Brazil as a consequence of family power and verifying whether the use of shared custody would be able to inhibit the practice of parental alienation. In this way, the research method used to address shared custody and parental alienation will be deductive, that is, moving from general premises recognized as true to a particular premise, basing it on the bibliographical research guided mainly by the Civil Code of 2002 and the Law 12.318/2010, which deals with parental alienation, since it assumes that shared custody can be an effective strategy to avoid the phenomenon of alienation, as it allows the child or adolescent to maintain a healthy relationship with both parents who have a balanced participation in the development of their children. Therefore, it can be concluded that shared custody ensures the full development and promotes the well-being of the child or adolescent, that is, it can inhibit the practice of parental alienation.

Author Biographies

  • Marcela Neidorf, Universidade do Contestado (UNC)

    Graduação em Direito, Universidade do Contestado, Campus Mafra. Santa Catarina. Brasil.

  • Adriane de Oliveira Ningeliski, Universidade do Contestado; Centro Universitário Unibrasil

    Doutora e Mestre em Direito, Centro Universitário Autônomo do Brasil, Docente e Pesquisadora da Universidade do Contestado. Santa Catarina. Brasil.

Published

2024-11-12

Issue

Section

Artigos

How to Cite

NEIDORF, Marcela; NINGELISKI, Adriane de Oliveira. Shared custody as a way to inhibit parental alienation. Academia de Direito, [S. l.], v. 6, p. 1915–1938, 2024. DOI: 10.24302/acaddir.v6.4935. Disponível em: https://www.periodicos.unc.br/index.php/acaddir/article/view/4935. Acesso em: 9 may. 2025.