CHALLENGES OF SHARED CUSTODY IN THE COVID-19 PANDEMIC

Abstract

This study aims to present the challenges faced by families who share custody of their children during the COVID-19 pandemic. Shared custody, essential in Brazilian family law, seeks an equitable division of parental responsibilities. However, the COVID-19 pandemic has introduced challenges to its application due to preventive measures adopted by the WHO. The lack of specific guidance in the legislation has led judges to make decisions based on the best interests of the child and the protection of their health. The central dilemma lies in reconciling the enforcement of shared custody rights, especially visitation rights, and the safety of children. As a result, the application of shared custody has been adapted, taking into account the individual context of each case. Judicial decisions are guided by the principles of the best interests of the child and protection. Judges base their choices on these principles, adjusting shared custody to ensure the safety of children in times of a pandemic. The most sensible solution appears to be seeking understanding between parents, prioritizing common sense in resolving resulting conflicts. Ultimately, the health of children should be the central pillar, and judicial decisions reflect the need to adapt the shared custody institution to address the exceptional challenges of the COVID-19 pandemic.