SHARED CUSTODY: A WAY TO INHIBIT PARENTAL ALIENATION?

• Main Authors: Edwirges Elaine Rodrigues, Maria Amália de Figueiredo Pereira Alvarenga
• Format: Article
• Language: Portuguese
• Published: Universidade Federal de Santa Maria 2014-12-01
• Series: Revista Eletrônica do Curso de Direito da UFSM
• Subjects: direito de família; instituto da guarda; guarda compartilhada; harmonia; alienação parental.
• Online Access: https://periodicos.ufsm.br/revistadireito/article/view/14772

This research summarizes the legal institution of joint custody, one of the custody modalities present in the Brazilian juridical ordering, introduced  by the law number 11.698/2008. However, there is much to discuss about  this institute, considering that the joint custody  requires certain requirements that often prevents its application, therefore, only bring  benefits if there is perfect harmony in the relationship between the parents. The law which deals with parental alienation, number 12.318/2010, is also approached by this article, this legislation brings the change of custody to joint custody as the main penalties to inhibit the practice of parental alienation. However, each case must to be analyzed in a particular way, considering that the main subject of this whole dispute is the child who must be protected by the principle of the best interests of the child and adolescent.