Poder familiar e guarda: a busca pelo melhor interesse da criança

Abstract

The purpose of shared custody is to ensure that both parents add value, provide adequate physical and emotional development for their offspring, valuing the creation of emotional bonds between both parents and their children through healthy coexistence, giving them an active role in raising their children. To this end, understanding this institute makes a lot of difference in the effectiveness and clarity of each parent's roles. Lawyers who work in the family area have the duty to clarify to their clients the responsibilities, duties, rights and importance of this type of custody, which directly impacts the child's integral development. There are many obstacles to ensuring that shared custody meets the best interests of the child, since there are still cultural and social impacts that prevent its full effectiveness, such as paternalism, sexism and, no less important, the exaltation of the mother/woman in the irreplaceable role in caring for children. Today's society and new family structures must understand the importance of parenting for the physical, mental and emotional development of children, leaving behind the flaws of a relationship that did not survive in the context of marriage and exercising parenting fully, with affection, providing emotional security to children who suffer from the separation of their parents and significant changes in their lives. This is the contemporary challenge for operators of collaborative law, with a humanist vision who must masterfully perform their role in favor of human dignity