THE RIGHTS AND DUTIES OF THE NON-CUSTODIAL FATHER AFTER SEPARATION: CHALLENGES, BARRIERS, AND THE EFFECTIVENESS OF LAW NO. 12.318/2010 AGAINST THE PRACTICE OF PARENTAL ALIENATION

Abstract

This study analyzes the rights and duties of the non-custodial father after marital separation, focusing on the challenges related to family coexistence and the application of Law No. 12,318/2010 in combating parental alienation. The objective is to examine the main obstacles faced by the non-custodial father in the exercise of parenthood, especially regarding coexistence, participation in the children’s lives, and the consequences of parental alienation. The theoretical framework is based on authors from Civil and Family Law, as well as current legislation and jurisprudential understandings related to co-parenting and the full protection of children. Methodologically, this is a qualitative and bibliographic research with a deductive approach, based on the analysis of legal doctrines, legislation, and jurisprudence. The results show that, although Brazilian legislation ensures parental equality and the protection of family coexistence, social, cultural, and institutional barriers still hinder the full exercise of parenthood by the non-custodial father, contributing to parental alienation and the weakening of emotional bonds. It is concluded that the effectiveness of Law No. 12,318/2010 depends not only on the proper application of legal norms, but also on the implementation of public policies and coordinated actions aimed at promoting healthy and balanced family coexistence.