Incorporation of Tenancy Sharing in Ecuadorian Legislation as a Guarantee of the Rights of the Parents and the Child

Abstract

Shared custody is a current and relevant issue within family law. In case of separation of parents, there must be a legal figure that allows equity regarding the time and obligations that parents must share with their children. For periods of time in Ecuador, there has been talk of joint responsibility on the part of the parents, since this will allow the relationship to be continuous, even if they stop living together. Ecuadorian legislation does not regulate this issue, considering it necessary from a legal point of view to adapt the Civil Code and the Code for Children and Adolescents to the postulates that were established in the Constitution of 2008. Therefore, it is clear that the incorporation of shared custody is necessary in order to guarantee the best interest of the child, which is the cornerstone in the decisions of the judicial authority and the equality of their parents to ensure the comprehensive development of minors. This article was conducted with a type of qualitative research through grounded theory, applying the inductive-deductive method and compared through law, doctrine and bibliographic sources that have allowed the study of this topic.