La tenencia compartida como es uno de los atributos de la patria potestad en el cantón Guaranda, año 2021.
The topic entitled: "Shared custody, one of the attributes of parental authority in the canton of Guaranda, year 2021". It analyzes the normative regulation that has the custody of minors, which basically regulates the upbringing of the minor or in other words their daily care. Althoughit...
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| Formato: | bachelorThesis |
| Idioma: | spa |
| Publicado: |
2023
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| Subjects: | |
| Acceso en liña: | https://dspace.ueb.edu.ec/handle/123456789/5870 |
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Engadir etiqueta | Summary: | The topic entitled: "Shared custody, one of the attributes of parental authority in the canton of Guaranda, year 2021". It analyzes the normative regulation that has the custody of minors, which basically regulates the upbringing of the minor or in other words their daily care. Althoughit is generally both parents who take care of the upbringing of their child, there are still social circumstances that prevent this joint practice, as is the case of divorce or in general the separation of couples. Faced with this reality, the law has provided for the legal figure of custody, a regime that allows the child to live with only one of the parents, who, once the regime is established, will be exclusively in charge of the child and therefore will be solely responsible for its upbringing, leaving the other parent the right of visits, which allows him/her to maintain communication with the child. In this context, it is inevitable to think that since custody is an attribute of parental authority, the parent who is deprived of it is automatically limited in his or her parental rights; that is to say, the right of the parent to raise the child is restricted, leaving him or her unsatisfactorily with the right to visitation. Although this is a reality of the judicial practice that must proceed rigorously in accordance with the law, the underlying problem is that the child is limited in terms of his or her upbringing, since the parent deprived of custody cannot participate proactively in the upbringing. This contradicts the principle of the integral development of the child, which determines that any law or resolution taken by the Judicial Function must tend to guarantee this principle. It is for this reason that the general objective of this work is to analyze shared custody as one of the attributes of parental authority, since this would be the only valid means to guarantee the integral development of the child, through the upbringing of both parents. The methodology is qualitative in approach, descriptive in scope, the method will be phenomenological, the technique 14 will be critical reading and its processing will be carried out by the MENDELEY system. Finally, conclusions will be drawn. Key words: custody, parental obligation, best interests of the child, integral development of the minor. |
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