Guarda nidal : birdnesting e sua aplicação como melhor interesse da criança e adolescente.

Abstract

The dissolution of marital relationships often negatively impacts children, who may be used as tools of conflict, displaced from their homes and schools, or even separated from one of their parents. Consequently, the concept of birdnesting custody has significant social and legal relevance, demonstrating Family Law's commitment to adapting to new social dynamics and finding solutions that ensure the well-being of children in parental separation situations. In this context, birdnesting custody emerges as a promising legal alternative to mitigate such adverse effects, despite not being explicitly provided for in Brazilian law. But what is birdnesting custody, or as it is knownin European and North American countries, "birdnesting"? It is a model resembling shared custody, where children remain in the family residence while parents take turns living there. This practice contrasts with traditional alternating custody, in which nchildren switch between their parents' homes. However, implementing birdnesting custody in Brazil requires an in-depth study of the topic, considering the specificities of the Brazilian legal system and its impacts on children's lives. Comparative studies with nother countries can provide valuable insights for constructing a model adapted to the Brazilian reality, always prioritizing the best interest of the child. This monographic work aims to analyze the feasibility of applying birdnesting custody in marital breakdowns in Brazil, considering the best interest of the child and adolescent. The central issue to be addressed is whether it is feasible to implement birdnesting custody in the Brazilian context, even without explicit legal provision, taking into account the well-being of the involved children and adolescents. To address this issue, exploratory research is employed to provide greater familiarity with the problem through bibliographic surveys and analysis of examples. The hermeneutic methodology is adopted to interpret the collected data, primarily through bibliographic research. In conclusion, the analysis of the implementation of the birdnesting custody concept is possible, despite existing obstacles and the lack of widespread awareness and explicit legal provision. In conclusion, the analysis of the implementation of the birdnesting custody concept is possible, despite existing obstacles and the lack of widespread awareness and explicit legal provision.