Patria potestad de niños, niñas y adolescentes según el artículo 106.4 del CONA: preferencia a la madre y omisión al principio de interés superior del niño

Abstract

The document discusses the importance of protecting the best interest of the child in contexts of parental separation, proposing that the State and its entities implement effective strategies to ensure their rights. It emphasizes alternatives to litigation, such as mediation and conciliation, and proposes an approach based on human rights and social development. The need for continuous monitoring of judicial decisions to ensure the prioritization of children's welfare is examined, recommending exceptional care protocols in situations of risk. The analysis includes a study of relevant jurisprudence, highlighting the challenges and opportunities to strengthen legal security in the protection of minors' rights. An interview was also conducted with three judges of the specialized unit for family, women, children, and adolescents of Cuenca to highlight realities and challenges regarding the reality of the trials they oversee. It advocates for inter-institutional collaboration and the support of trained professionals to provide psychological and social support to affected families. Custody of children post-separation is identified as a critical issue, requiring an impartial approach and in-depth analysis to ensure the comprehensive well-being of minors.