The Best Interesrs Of The Child: Joint Custody And Parental Alienation

A GUARDA COMPARTILHADA E A ALIENAÇÃO PARENTAL

Abstract

Joint custody is a legal model that aims to ensure the balanced participation of both parents in decisions and responsibilities related to raising children, even after the end of the marital relationship. It seeks to preserve emotional ties with the father and mother, ensuring the best interests of the child and promoting harmonious coexistence. Unlike unilateral custody, in which only one parent holds primary responsibility, joint custody involves co-responsibility and the joint exercise of parental authority. Parental alienation occurs when one parent manipulates the child to distance him or her from the other, compromising the emotional and psychological bond with the child. This practice can cause serious emotional harm to the child and negatively influence his or her development. In this context, joint custody emerges as an important mechanism for preventing parental alienation. By promoting the active and continuous participation of both parents in the child's life, the possibility of one of them exerting harmful influence over the child or restricting contact with the other is reduced. Furthermore, the model encourages shared responsibility, cooperation and dialogue between parents, minimizing conflicts and ensuring a healthier environment for the development of children and young people. Thus, shared custody not only ensures the full exercise of parental authority, but also acts as an effective instrument in protecting the child's emotional health in the face of family breakdowns.