ARAUJO, R. S.; http://lattes.cnpq.br/8264519165490219; ARAÚJO, Rafaela Soares de.
Resumo:
The present work aims to analyze the shared custody modality as an effective and
minimizing way to parental alienation´s conduct. The question arises as to whether
joint custody would be an effective way to this end, facing the general children
development stage and unfavorable condition. It was adopted the deductive method
on the study of the subject, supported by bibliographical research within doctrines,
jurisprudence, laws, scientific and monographic articles. Initially its presented the
approach to custody species oriented toward the plain exercise of the parents' family
power following custody guiding principles. Then it is organized a contextualization of
the concepts, characteristics, behaviors and effects of parental alienation and also an
elucidation on parental alienation syndrome. Besides that, the problematic of
exclusive custody execution is also considered. Shared custody is shown to be the
most beneficial for infants who are involved in a marital separation environment.
Because parents will have equality of rights and duties, ensuring the simultaneous
living of the children with both parents. It is also clear that shared custody is not a
mode of extinguishing the practices of parental alienation, since for that to happen it
would be necessary that parents live in full collaboration and harmony. Nevertheless
shared custody can minimize the practices of parental alienation, for it encourages
the solidarity of the parents in favor of the children's welfare, as well as it guarantees
the full implementation of family power and the orientation to the best interest of the
children and adolescents.