Shared custody: an important instrument to guarantee the principle of the best interests of the child and adolescent

Abstract

Joint custody allows both parents to live in a balanced manner with their children, sharing rights and responsibilities, even after separation. The topic is highly relevant given the need for proper management of the end of a marriage, with the aim of mitigating the harm to parenthood. Therefore, the general objective is to verify whether joint custody guarantees the best interests of the child and adolescent. The aim is to describe the principle of the best interests of the child and adolescent in the context of joint custody, based on Brazilian legislation and specialized doctrine, analyzing the different custody models and their implications for the development of the child and adolescent, while also identifying the challenges and perspectives of joint custody in Brazil and considering the different socioeconomic and cultural realities, aiming to serve the best interests of the child and adolescent. To develop this study, the deductive method was used, which starts from general and universal premises to reach specific conclusions about a specific case. In the case of this research, it is assumed that shared custody would be a tool capable of guaranteeing the application of the principle of the best interests of the child and adolescent. It is concluded, therefore, that parental ties must be maintained as intact as possible, which leads to the understanding that shared custody guarantees the best interests of the child and adolescent, when there is a breakdown of the marital union of the parents.