La evolución de la custodia unilateral conforme a los principios de interés superior del niño y corresponsabilidad de los padres

Abstract

The present work deals with how the principles of the best interest of the child, in a beginning, and, of co-responsibility, of a later form, have been modifying the forms of unilateral custody. Thus, law has evolved from unilateral judicial custody in favor of the father, and then in favor of the mother, to forms of unilateral allocation governed by the aforementioned principles. The present work emphasizes that, given our regulation, the establishment of specific duties/powers for the non-custodial parent obeys a legal imperative that unfortunately, and despite the Reform of Law No. 20,680, is not being fulfilled. For the establishment of faculties/duties for the non-custodial parent, the courts must resort to statutory regulation of childhood, concretizing these faculties/duties through the direct relationship and regulate.