SHARED CUSTODY AND ITS LEGAL CHARACTERISTICS

Abstract

Shared custody, regulated by Law No. 13,058/2014, is the legal model that establishes the balanced division of parental responsibilities after the separation of parents, being the general rule in Brazil. It is characterized by the joint exercise of rights and duties related to the education, health and well-being of the child, promoting a balanced coexistence with both parents. Its main legal characteristics include parental equality, the right to mutual supervision and the determination of a base residence for the minor, without the need for equal division of time. The model seeks to serve the child's best interests, but requires dialogue and cooperation between parents. In cases of serious conflicts, the judge may opt for unilateral custody, shared custody reflects an advance in Family Law, prioritizing the well-being of the minor and parental co-responsibility, while promoting a healthy and balanced coexistence between parents and children. In this sense, the present study aimed to analyze Brazilian legislation on shared custody, identifying its main characteristics and legal requirements, using bibliographical and documentary research of a qualitative nature as a methodology that included important scientific articles, government reports such as what is the current legislation on the subject, books and academic documents, dating from 1990 to 2024, where he sought to conceptualize and characterize shared custody in the Brazilian legal system.