La preferencia de la madre en la custodia los hijos, vulnera el principio de corresponsabilidad establecido en la Constitución de la República del Ecuador .

Abstract

When the rupture of a relationship with a partner occurs, there is a crisis that affects the family harmony, one of them is to decide coherently which parent is going to take care of the children, is who will take custody, In the case of Ecuador, it is usually preferentially granted in favor of the mother, as established by current legislation. In this sense, special care must be taken, because in most cases it is the minors who are most affected as a result of the separation or divorce of their parents, they become silent victims and are those who will have to adaptto new circles Relatives, even totally uncertain. The most convenient for all is that both parents through consensus agree on custody, but always taking into account the best interests of the child, could be shared or alternated, however, this is not achieved, as other interests overlap Which are typical of adults and no one wants to give in and then it will be the judge who will have to make the decision. Considering the above, it is necessary for Ecuador to introduce legally the figure of shared custody, with the aim of achieving the continuous participation of both parents in the training and upbringing of children under five years.