Principio constitucional del interés superior de los niños, niñas y adolescencia y la tenencia en la legislación ecuatoriana

Abstract:

This research about: Constitutional Principle Of The Higher Interest Of Children And Adolescents And The Tenure In The Ecuadorian Legislation, is based on the family bonds which are unleashed when one of the parents decides to leave the home and begins the struggle For maintaining the holding of the minor child. Monopaternal tenure has always fixed in our country; when the parents have dissolved all marital nexus, at that moment it is said that tenancy is fixed, so the parent who is in care of the child, is directly responsible for the upbringing, education and development of the minor child. In our country, after analyzing the evaluations of both parents and observing how the behavior of each is and in the necessary cases, the judge will hear the opinion of the child in order to be able to define which parent will give the tenure of the minor child. Tenure will always protect the principle of the best child interest, that is why it is always a matter of reaching agreement between the parents, to avoid any legal and psychological harm which may affect and violate the rights of children and adolescents, so there is no doubt that a better family environment can be provided for minors to live together. According to this need, it is a question of fostering shared tenure so that a better future can be given to minors, since care, upbringing and protection being under the care of both parents and therefore the home responsibilities will be divided and undoubtedly, they will establish a family environment suitable for children and adolescents.

Año de publicación:

2017

Keywords:

• LEGISLACIÓN ECUATORIAN
• TENENCIA
• PRINCIPIO CONSTITUCIONAL

Fuente:

rraae