The shared guard aplication in situations of parental alienation at the end of the marital bond in a litigious way

Abstract

This article aims to analyze the possibility of applying shared custody in situations of parental alienation when the end of the marital bond takes place in a litigious way. It addresses in a timely manner regarding the family and the responsibility of family power, the legal aspects of the laws of shared custody, as well as the law of parental alienation, in order to understand the limits of the application of shared custody in matters of parental alienation. In unilateral custody, in which only one parent has custody of the child or adolescent, it is possible that parental alienation occurs more frequently, thus requiring effective action by the Judiciary, in order to guarantee the principle of best interest and comprehensive protection of children and adolescents. As a bibliographic research technique, there is the analysis of the relevant legislation, doctrine, scientific articles and jurisprudential understanding, using the deductive method for this purpose. Finally, it can be concluded that both forms of custody, shared or unilateral, can be applied in the event of acts of parental alienation by the parents. The well-being and healthy development of the children must prevail in the magistrate's decision, in order to favor the best interests of the child and adolescent.