SHARED CUSTODY: A WAY TO INHIBIT PARENTAL ALIENATION?

Abstract

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.

Keywords

• direito de família
• instituto da guarda
• guarda compartilhada
• harmonia
• alienação parental.