O Direito de Familia

ABSTRACT

This present work emphasizes the shared custody, seeking to review its implementation as a result of compliance with the best interests of the child. Analyzing marital relations, as amended over the years, leaving the women of housewives role and gaining ground in the face of society, which changes have significantly contributed to the rupture of the conjugal society, with the law always there trying to minimize the malicious consequences of this attitude. Therefore sought legislators to analyze the children coming this couple and how they effect a healthy and comfortable childhood to these, bringing them a specific law, namely, the Statute of Children and Adolescents, which deals with the rights and duties concerning minors, providing them all necessary legal support for good ease both physical and psychological. In 2008 came the law 11.698, which came to regulate the application of joint custody, bringing as a way to contribute in the reduction of parental alienation, which should disappear once the child being in continuous interaction of both parents. The law treats the shared custody enables better interaction between the child and their parents, must keep with him the affectionate bond as if the marriage bond still existed, the child is seen with respect to size, being denoted as a person right. Goes accordingly be joint custody the most effective way to succeed in serving the principle of the best interests of the child and adolescent. Regarding the method used, this was the deductive, being done with literature, analyzing the existing provisions, playing with the facts and with existing judgments in this regard.

Key-words: Children; Shared custody; Parent; Best interest; Parental Alienation

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