“El interés superior del niño en casos de tenencia: Análisis comparado de la jurisprudencia estadounidense y ecuatoriana (2018-2023)”

Abstract

This article analyzes the application of the best interests of the child principle in custody cases through a comparative study of Ecuadorian and U.S. jurisprudence between 2018 and 2023. A qualitative methodology with a legal-comparative approach is applied to identify similarities and divergences in the judicial evaluation of factors such as the child's emotional stability, parental bonds, participation in proceedings, and the role of mediation. In the United States, the best interests of the child doctrine allows for a flexible, context-driven interpretation focused on family dynamics and parental suitability. In Ecuador, although the principle is enshrined constitutionally, judicial interpretation remains inconsistent. The comparative analysis reveals meaningful progress in both systems, alongside challenges for a coherent and child-centered application of the standard. The article concludes with recommendations aimed at strengthening effective judicial protection of children's rights in custody-related disputes.