Abstract

KOSTULSKI, Camila Almeida  and  ARPINI, Dorian Mônica. Child custody and the Judiciary System in Fathers’ Perceptions. Psicol. cienc. prof. [online]. 2025, vol.45, e275431.  Epub May 12, 2025. ISSN 1414-9893.  https://doi.org/10.1590/1982-3703003275431.

Thinking about fatherhood in child custody requires paying attention to the social, historical, and cultural aspects of families. This study aimed to understand men’s understanding of child custody and their relationship with the judicial system. A qualitative research was carried out with 16 parents who were aged from 24 to 42 years, were grouped into two subsets, one with shared custody and another with unilateral maternal custody, and who signed a child custody agreement at a public defender’s office in the state of Rio Grande do Sul. A participant characterization form and a semi-structured interview were used as data collection instruments. The material was analyzed using thematic content analysis. As main results, participants highlighted considering the formal establishment of the custody agreement as a guarantee of the right to exercise their paternity. They also pointed out that the judicial system would have a more sensitive look at mothers regarding the care of their children and their custody. Regarding child custody, participants brought up significant elements, such as parents with sole custody having family dynamics close to the functioning of shared custody. Finally, the formalization of shared custody fails to actually ensure the division of parental responsibilities but it becomes a regulatory framework to maintain post-divorce family ties, especially in the relationship between fathers and children.

Keywords : Fatherhood; Child custody; Family relationships.

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