Revocatoria de la tenencia de los hijos por incumplimiento de las obligaciones paternales.

In this research, I will analyze the revocation of custody of children due to non-compliance with parental obligations, a legal concept that judicially relates directly to the protection of the comprehensive well-being of children and adolescents; it is a complex issue that not only involves legal aspects but also emotional and social factors. In contemporary society, the protection of the best interests of the child is a fundamental principle that prevails and guides judicial decisions in conflicted family situations. Paradoxically, however, it is often not fully understood in its true spectrum, and in many cases, the rights to custody for both parents are compromised. From the above derives the importance of conducting research in this area. The custody of children is a right and a responsibility that falls upon the parents, it is innate both for the father and the mother when they live together and form part of a household; however, when there are separations, divorces, or parental estrangement in their relationship, in most cases, custody is determined by a judge; this legal concept, upon the non-compliance with parental obligations, neglect of the child, hostile treatment, and other similar circumstances, can lead to significant consequences. The revocation of custody is considered an extreme measure taken when there is clear evidence of serious non-compliance with parental obligations, and its application is strictly linked to a judicial process governed by the legal provisions contained in the Organic Code of Childhood and Adolescence and the Organic Code of General Processes. However, it must always respect the constitutional content. This measure of 4 custody revocation, while aimed at protecting the welfare of the children, also concerns the rights of the parents and as emphasized, their fulfillment of obligations. Thus, on one hand, it seeks to ensure a safe and suitable environment for minors, distancing them from harmful situations. However, custody revocation can also separate children from one of their parents, affecting their family and emotional bonds. The legal analysis surrounding this measure includes ethical and psychological aspects because it is necessary to assess whether custody revocation constitutes the most appropriate solution to protect the children. Moreover, there is a need to legally safeguard alternatives or intermediate measures that can preserve the bond between the parent and the children while ensuring their safety and well-being. As this is a basic and descriptive research, I will primarily conduct document-based and bibliographic reviews, and I will also resort to case studies to underpin this work. Additionally, I will utilize research support techniques such as interviews and surveys to objectively obtain results from the perspective and practice of justice operators. Both quantitative and qualitative methodologies will allow me to organize data to fulfill the objectives and, consequently, to formulate conclusions and recommendations. Keywords: Custody Revocation, Comprehensive Protection, Legality, Best Interest of the Child, Non-Compliance with Parental Obligations.

• Hoofdauteur: Santillán Valverde, Diana Elizabeth (author)
• Formaat: bachelorThesis
• Taal: spa
• Gepubliceerd in: 2024
• Onderwerpen: REVOCATORIA; TENENCIA; HIJOS; OBLIGACIONES PATERNALES; REVOCATORIA DE LA TENENCIA; PROTECCIÓN INTEGRAL; INTERÉS SUPERIOR DEL NIÑO
• Online toegang: https://dspace.ueb.edu.ec/handle/123456789/7208