SHARED CUSTODY AS AN ELEMENT THAT INHIBITS PARENTAL ALIENATION

Abstract

This article aims to analyze shared custody as a legal instrument for preventing parental alienation practices. Parental alienation, legally defined by Law No. 12,318/2010, consists of behaviors practiced by one of the parents or guardians that interfere in the psychological development of the child or adolescent, leading to the emotional distancing of the other parent. In view of this reality, Law No. 13,058/2014 reformed the Civil Code and established shared custody as a priority regime, even in cases where there is no consensus between the parents. The study starts from the problem: how can shared custody prevent and mitigate parental alienation practices in the context of family disputes? The methodology used is qualitative, with a deductive approach, based on a bibliographic review and documentary analysis of the legislation, specialized and relevant current doctrine. The results indicate that shared custody strengthens parental co-responsibility, promotes balanced coexistence and prevents the monopolization of family power, making room for alienating behaviors. The research concludes that, although it still faces practical and cultural challenges, shared custody represents the model most compatible with the comprehensive protection of the child, requiring its effective application and support by specific technical and institutional structures.