SHARED CUSTODY AND FAMILY CONFLICTS AFTER PARENTAL SEPARATION: CHALLENGES FACED AND THE IMPACTS AFFECTING THE RELATIONSHIP BETWEEN PARENT AND CHILDREN

Abstract

This paper analyzes shared custody and the family conflicts that intensify after parental separation, emphasizing the emotional, social, and legal impacts on the child or adolescent. The research initially addresses the historical evolution of the family and parental authority, demonstrating how Brazilian legislation has come to recognize different family arrangements and ensure parental equality. Next, it discusses the institution of custody, highlighting the transition from the unilateral model to shared custody as the general rule, according to Law 13.058/2014, which seeks to offer children balanced co-parenting with both parents. The work also analyzes parental alienation, its manifestations, psychological and legal consequences, and presents the changes resulting from Bill No. 4.488/2016, which proposes the criminalization of the practice. It also addresses the distinction between parental alienation and Parental Alienation Syndrome, as well as the risks that such practices represent to the emotional development of minors. Finally, legal and psychosocial instruments capable of mitigating harm and safeguarding the best interests of the child are investigated, highlighting the importance of family mediation, shared custody, and interprofessional action. It is concluded that, although legislation has advanced significantly, the effectiveness of the measures depends on sensitive interpretation, adequate state action, and parental awareness of parental responsibility.