SHARED CUSTODY AND PARENTAL ALIENATION: CHALLENGES AND PERSPECTIVES IN BRAZILIAN AND INTERNATIONAL LAW

Abstract

The research in question examines shared custody and parental alienation in the Brazilian and international legal context. Initially, shared custody is discusses as a mechanism designed to maintain parental involvement after the end of the marital relationship, prioritizing the best interests of the child. Next, the different forms of parental alienation and their consequences for the psychological development of children are explore. Through a historical and functional research methodology, legal aspects, jurisprudence and international treaties relevant to understanding these issues are analyze. Subsequently, it is discussed how jurisprudence and doctrine recognize shared custody as an effective measure in preventing parental alienation, seeking to ensure a balanced relationship with both parents. Furthermore, international aspects related to share custody are explore, even in cases where the parents reside in different countries. Finally, the importance of controlling the conventionality of laws and prioritizing children's well-being in all decisions pertaining to shared custody and parental alienation is highlight.