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Estudos e Pesquisas em Psicologia

On-line version ISSN 1808-4281

Abstract

CHRISTOFARI, Gabriela Clerici; KEMERICH, Daiane Santos do Carmo  and  ARPINI, Dorian Mônica. "In practice, it is very complicated": Everyday Dilemmas About the Joint Custody Institute. Estud. pesqui. psicol. [online]. 2021, vol.21, n.3, pp. 889-907. ISSN 1808-4281.  http://dx.doi.org/10.12957/epp.2021.62689.

The legalization of divorce in Brazil allowed the legal recognition of the plurality of family relations present in society. In this context, one can point to the emergence of joint custody legislation as a possible response to new family configurations. The study aimed to understand the aspects that are presented in the daily routine of the operators of the Law on the applicability of joint custody institute and the main obstacles to its use. Therefore, a qualitative research was carried out, with the participation of four judges and four prosecutors, from cities in the central region of Rio Grande do Sul. The study was carried out through semi-structured interviews and data analysis was performed through Analysis of Content. The participants pointed out some issues that may be interfering in applicability of joint custody: the conflict between guardians, the obligation to pay food; the influence of lawyers; children's age; among others. It is evident that the use of joint custody is a challenge and a goal to be achieved. Thus, it is understood that pondering and overcoming each of the issues that have been mentioned becomes a daily challenge for all professionals who work with post-divorce family relationships.

Keywords : joint custody; child custody; family relationships.

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