La corresponsabilidad del padre y la madre en el cuidado y protección de los menores, frente al divorcio y a la tenencia de los hijos

The Constitution of the Republic of Ecuador recognizes the right of children and adolescents have a family to provide them affective, emotional, social and economic development necessary for proper conditions, and to this end incorporates the principle of parental responsibility maternal and to ensure the rights of family members, this principle implies the involvement of the father and the mother in the care and protection of children, which must be applied especially in cases that for whatever reason are separated. This principle is specifically ratified the Code on Children and Adolescents. However the importance of the responsibility of parents in the care and protection of children, and that they maintain family relationships and with them, a problem that arises from the application of rules of ownership that are provided for in the Civil Code and the Code on Children and Adolescents, whereby after the divorce or separation of parents, holding only be entrusted to one of them, leaving the other subject to visitation, which affect normal relationship with their children, and that prevents the parent without tenure can actively participate responsibly in the care and protection of children and other important aspects of their development. That is the effect of constitutional rights are curtailed above, directly harming the daughters and sons. In the previous issue, the concern arises from study related to joint custody, arrangements involving even the possibility of being separated, both parents participate directly and effectively in the care and protection of children and which establishes a time ensuring coexistence emotional relationships between parents and children. To determine the relevance of incorporating this scheme, already stated in other laws, the Ecuadorian legislation this research is structured entitled: "THE RESPONSIBILITY OF THE FATHER AND MOTHER IN THE CARE AND PROTECTION OF CHILDREN, IN FRONT OF DIVORCE OWNERSHIP AND CHILDREN". The study in its entirety welcomes the formal aspects provided in the Regulations of the Academic Board of the National University of Loja, and concludes with the approach of a legal reform proposal containing both the Civil Code and the Code of Childhood and Adolescence incorporating joint custody, in order to promote that after the divorce or separation of parents, both meet and exercise their rights under the paternal and maternal responsibility in caring for their children.

• Main Author: Acosta Orellana, Juan Pedro (author)
• Format: bachelorThesis
• Language: spa
• Published: 2014
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/15305