Guarda compartilhada

Abstract

Legal analysis of the joint custody as way efficient in the keeping of the parental relation after the finishing of the conjugal relation. It begins with the studying of the paternal authority practiced for the parents, we analyze its beginning and peculiarities, through him maintenance after the separation or the divorce. We also observe the imposed limitations judicial to this authority. So did we analyze the national laws that regulate the custody of the children young and older incapables, the principle of the optimum interest of the child as basic instrument to be analyzed by the judge in the litigations involving custody of child and the modalities of custody actually adopted, standing up the advantages and disadvantages of all of them. And finally, as main object of this work, did we analyze the spheres theoretical and practical of the joint custody, did we see its origins, concept, the familiar realities of the previous generations and of the current and the consequent intervention of the familiar models in the decisions of the judicial disputes, the laws, mainly constitutional, that makes possible the using of the joint custody in Brazil, and still the practical aspects of the joint custody in regards to education, the residence, the civil responsibility, the foods and the visits due to the child.