Vulneración del interés superior de los niños, niñas y adolescentes al existir vacíos legales en el Código de la niñez y adolescencia sobre la tenencia compartida

Abstract

This research work analyzes the tenancy in the Ecuadorian legislation and the lack of implementation of the figure of shared custody since this would ensure the true best interests of the child when their parents have conflicts or separations. The main objective is to legally analyze the legal gaps in the Code of Childhood and Adolescence regarding shared custody, to determine whether the best interests of children and adolescents are violated, based on the legal and doctrinal study of the different conceptions of the family, divorce, and parental co-responsibility in Ecuadorian legislation. Likewise, an in-depth review is made on the best interest of the child as a principle or constitutional right. Subsequently, a comparative analysis is made with other legislations, being the American legislation the most advanced in Family Law and the most attached to the best interest of the child. Furthermore, an analysis of a practical case solved in the national courts is made, in which the violation of the constitutional rights and principles of both the father and the child is evidenced.