Family Power, Custody, and Visitation Rules: Simplicity for the Benefit of Children and Adolescents
Family. Parental Authority. Custody. Parental Equality.
Shared custody was introduced in Brazil in 2008, but initial uptake was low, with unilateral maternal custody remaining predominant. Law No. 13.058/2014 attempted to make it the rule, but unilateral maternal custody is still the majority. This situation raises questions about the effectiveness of the law and the difficulty of implementing shared custody, despite its benefits for children. Studies point to the undefined concept of shared custody and the need for a better understanding of the institute. This thesis seeks to analyze shared custody from a historical and legal perspective, focusing on the protection of the interests of children and adolescents. The objective is to update the concept of custody and propose the replacement of the term by "parental duty", seeking a more comprehensive and clear approach. The research aims to contribute to more inclusive practices in Family Law, adapting legal institutions to the contemporary reality of diverse family configurations. The methodology involves bibliographic research and analysis of legal provisions, semantic aspects and concepts related to the protection of children and adolescents. The thesis seeks to shift the view of custody centered on the adult to one centered on the child and adolescent as subjects of rights.