Multi-parentality and exercise of family power

challenges and implications for transforming family law

Abstract

The purpose of this article is to examine how family power materializes in multiparenting situations. It is noteworthy that possible conflicts may arise when exercising paternity or simultaneous motherhood, a fact that in fact requires a thorough study, given the lack of legislation specific to the theme, as well as the extent of the legal effects produced by it. Using the various doctrinal concepts regarding the family, the exercise of family power and multiparenthood, the study derives mainly from bibliographical, doctrinal and jurisprudential research, through qualitative research, as deductive method, using logic and deduction to obtain yourself an answer to the problem. As a possible conclusion, it is understood that it is necessary that the social-affective parents are guaranteed the same rights and duties as the biological parents, without having one paternity or maternity prevail over the other. Although the term may be considered recent, the jurisprudence is proving to be peaceful, since with the general repercussion thesis established by the Supreme Court in the judgment of RE 898.060, it was noticed the inclination of the other courts to support this issue, maintaining the two forms of paternity without excluding the family power of the other.