Guarda compartilhada versus guarda alternada : prós e contras da escolha, visando a continuidade dos laços familiares.

Abstract

Custody is the result of parent’s legal authority pertaining their children, encompassing the right to coexistence and living with minor children, resulting in the duty to look after the child or teenager’s interests, also entailing civil liability for the parents regarding their offspring. The problems regarding custody arise when, after the parents end their relationship, whether they were previously married or not, the Judge must choose one of the custody modalities provided in the current legal system for the family, anticipating whether the family and the infant will adapt themselves to it. Therefore, the present research seeks to distinguish the types of custody, presenting their main characteristics. Thus, the adopted methodology is based on doctrinal and normative research, showing that custody should be applied consistently with each specific and concrete case, observing the principle of the child and teenager’s best interests, risking the generation of the parent’s legal authority disruption in view of the procedural decision, causing numerous affective and emotional problems for the child. Therefore, it is essential to accurately conceptualize Shared Custody, Unilateral Custody and Alternate Custody, pointing out their differences, mainly due to the material, legal, emotional and affective results that each one achieves in the life of the child and teenager.