Reformas legales al art. 118 del código de la niñez y adolescencia, incorporando una normativa legal que prevea la tenencia compartida para evitar daños psicológicos y emocionales en los niños, niñas y adolescentes.

The Article 44 of the Constitution of the Republic of Ecuador, said that the State, society and family as a priority promote the comprehensive development of children and adolescents, and ensure the full exercise of their rights; will be addressed early in their best interests and rights prevail over those of others. Further provides that children and adolescents are entitled to their full development, understood as a process of growth, maturation and deployment of their intellect and their capabilities, potential and aspirations, a, school, social and community affective family environment and security. This environment will allow satisfaction, affective-emotional and cultural, with the support of national and local social needs intersectoral policies. The Article 108 of the Civil Code, mentions some rules in which the custody of children is granted, after divorce as follows: 1. A mother divorced or separated from husband plays the care of prepubescent children, regardless of sex, and daughters in every age (...). Article 118 of the Code of Childhood and Adolescence provides that when the judge deems most suitable for the development of the child, entrust their care and upbringing of one parent, if altering the set of parental exercise, you arrange your tenure following the rules of Article 106. In everyday life it is observed that after a divorce, lack of agreement between the parents regarding the care of their children, by confusion of relationships as couples and parents, mainly due to lack of therapeutic support causes that family conflicts judicialice thus entering the fight, litigation or dispute that family theme is disastrous in which case the State through the justice system should ensure respect for the interests of children and adolescents. Tenure entrusted to one of the parents of children and adolescents triggers the legal battle between parents whose children trophy, making it impossible for joint custody to reduce the psychological damage in children and adolescents is established for want of a legal legal framework that regulates, because our Ecuadorian system has opted tenure Single Parent character, ie only one of the parents could enjoy the same, establishing a visitation for another. While it is true in the Code of Childhood and Adolescence talking about the best interests of the child and contains important rights, however, does not refer to joint custody, therefore you owe it to adapt to the current reality, thereby to respect and fulfill various rights that protect children and adolescents, but most will seek to strengthen family relationships after separation. For these reasons I consider it necessary to regulate in the Code of Childhood and Adolescence, shared ownership, which at the request of both parents, one or ex officio, the court may grant it to both parents, then produced the de facto separation, disability or dissolution of marriage, in which the son / daughter will live either with each of their parents watching them for their education and development, except for serious causes aconsejaren otherwise. To this end, priority will be given in granting tenure to parent better ensure the right of children and adolescents to maintain contact with the other parent.

• Main Author: Culqui Galarza, Washington Paul (author)
• Format: bachelorThesis
• Language: spa
• Published: 2015
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/15611