Law n. 13.058/2014 and the Possibility of One Parent Opting Not to Exercise the Joint Custody of the Child in the Light of the Principle of the Best Interest of the Child and Adolescent
Keywords:
Human rights of children and adolescents, Principle of the best interest of the child and adolescent, Parental authority, Custody, Joint custodyAbstract
The paper intends to analyze and question the possibilitie given to the parents by article 1.584, item II, § 2, of Law 13.058/2014 to opt not to exercise the joint custody of the children. In order to achieve this goal, this paper analyses the principle of the best interest of the child and adolescent, as well as the institutes of parental authority and custody, exposing its evolution in the Brazilian legal system, concepts, similarities and differences, as well as its factual reality, within the objectives searched by the legislator of the Law. 13.058/2014.