Guarda unilateral com base no princípio do melhor interesse da criança e do adolescente

Abstract

This monograph addresses the issue of unilateral custody in the context of the principle of the best interest of children and adolescents. The evolution of family structures, changes in relationship dynamics, and growing concern for the rights and well-being of children and adolescents have instigated a critical reassessment of traditional approaches to custody. In this scenario, unilateral custody emerges as a matter of significant relevance, since it implies the exclusive attribution of parental responsibilities to one of the parents, to the detriment of the other. The principle of the best interest of the child and adolescent plays a key role in discussions about unilateral custody. Based on the UN Convention on the Rights of the Child and the national legislation of several countries, this principle establishes that, in any decision concerning the child, his or her supremacy should be the priority. When applied to the issue of custody, this implies that the determination of which parent should hold unilateral custody should be guided by the evaluation of what is most beneficial for the physical, emotional, social and psychological development of the child or adolescent. Unilateral custody comprises the assignment of exclusive custody to one of the parents, while the other may have the right to visits and contact, but does not share the same day-to-day and decision-making responsibilities. This decision can be motivated by several factors, such as the ability of each parent to provide a stable environment, the proximity of the school and the community, and even the will of the child or adolescent, depending on their maturity and age. However, the application of the principle of the best interest of the child and adolescent to unilateral custody is not devoid of challenges and controversies. The concentration of decision-making authority in one parent can generate imbalance in family relationships and restrict the participation of the other parent in the child's life. This becomes particularly problematic if the decision is influenced by gender biases or other subjective considerations. The research conducted for this article adopted the bibliographic review method, analyzing extensive literature on unilateral custody based on the principle of the best interest of the child and adolescent. The research covered academic articles, specialized works in family law, child psychology, human development, as well as relevant national and international legislation. Relevant case law has also been incorporated to exemplify the unilateral custody approach in different jurisdictions. In summary, the discussion around unilateral custody within the framework of the principle of the best interest of the child and adolescent is intricate and multifaceted