Shared custody to the x-Guard Ac

The setting of the care and custody of the children is a major concern for the couples who decide to get a divorce. However, despite the fact that the theme of conversation, of the parents, they should always seek to be in the best interests of the child, in order to ensure that it is the most favorable and convenient for you to your emotional and physical development.

At this point, the study of the methods of the guard, many of the parents are entangled in the relationship of the two species is featured in: the shared custody, and to the left alternately.

Therefore, in this paper we explore the characteristics of, and pointed out the distinctions of the institutes mentioned above.

In the first, and explain to the guard, the toggle is in the distribution in the time in which the child is with each parent. Thus, during these periods, he was transferred to the responsibility, the integral with respect to the child.

For example, the child remains is a week of living with her father, and a week of living with her mother instead. Therefore, each and every one of the parents must take up the post of guardian of the integral of the offspring in their proper slots.

Some legal scholars are critical of this model is that it understands that the development of the child is also affected by the collapse of their routine research. In this sense, Shelley, Mary CARBONERA, it is understood that the “exchange of houses, it would be detrimental to the balance of the child, preventing it from will have the necessary stability to its full development”[1].

On the other hand, other parties involved will understand that, even if the routine is the model of education will be different in each household, the child is able to adapt to the differences in.

On the other hand, the shared custody and is characterized by the sharing of responsibilities, and that it doesn’t take time in the living equally.

In this regard, the Minister in the high Court of Justice Nancy Andrighi, it is understood as follows[2]:

“In fact, in the joint custody requires the sharing of responsibilities, don’t confuse it with the custody and joint physical offspring, or divided into, equal to the time-of-living of the children with their parents.”

The purpose of this model is the fact that the parents are engaged in a custody the same time. As a consequence, both the parents have to make decisions about education, health, and leisure, among other decisions.

In this sense, the scheme is shared, it is possible that it is set in a home for the child in accordance with his best interests.

Also, if it is in the interests of all parties involved, it is possible to be established in the joint custody of with the switch of the housing, in which the responsibilities and decision-making on the lives of the child to continue to be from both parents, even in the periods in which the child is with the other parent.

Finally, it is important to reiterate that, at the time of the award of the custody of the child, in the light of the principle of the protection of children’s education[3], in the best interest of the child should be attended to first. For this reason, it is imperative for the assessment of the evidence in each case, all of which are natural persons, as well as the relationships.

[1]CARBONERA, Shelley, Mary. Guard of the Children in the family, constitucionalizada. Porto Alegre: Sergio Antonio Fabris Editor, 2000.
[2] Joint custody is possible, even if the parents live in different cities, (the supreme court of justice.justice.s)
[3]Art. 227. It is the duty of the family, of society and of the State to protect the child, the adolescent and the young man, with absolute priority, the right to life, to health, to food, to education, leisure, professional training, culture, dignity, respect, freedom and family and community, in addition to putting them safe from all forms of negligence, discrimination, exploitation, violence, cruelty, and oppression. (As amended By Amendment no. 65 of 2010)

Marina Arista Smith. A lawyer with a bachelor degree in Law from the Pontifical Catholic University of são paulo (2020), member of the Order of Attorneys of Brazil, the São Paulo (2022). A post-graduate student in Civil Procedural Law from the Faculty Damasio de Jesus. She is the author of the articles. A lawyer have Associated with it.