INCLUDING SHARED GUARDIANSHIP IN THE ECUADORIAN LEGISLATION AS A
GUARANTEE OF PARENTAL AND CHILD RIGHTS
Ana Zamora Vázquez
Lawyer of the courts of justice; Specialist in university teaching, Master’s degree in civil law and
civil procedure, Doctoral candidate in civil law at the University of Castilla de la Mancha – Spain,
full time professor at the Catholic University of Cuenca – Ecuador
Diego Adrián Ormaza Ávila
Lawyer of the courts of justice from Universidad Católica de Cuenca-Ecuador. Senior specialist in
taxation from the Universidad Andina Simón Bolívar, Ecuador.
Master in Law, mention in Tax Law, Universidad Andina Simón Bolívar, Ecuador.
Doctorate in Law, Political Science and Criminology from the University of Valencia, Spain,
Professor at the Catholic University of Cuenca -Ecuador.
Shared custody is a current and relevant issue in family law. In the event of separation of the parents,
there must be a legal figure that allows an equity regarding the time and obligations that the parents
must share with their children. For some time now in Ecuador there has been talk of co-responsibility
on the part of the parents, as this will allow the relationship to be continuous, even if they no longer
live together. Therefore, it is evident the incorporation of shared custody with the purpose of
guaranteeing the best interest of the child that constitutes the cornerstone in the decisions of the judicial
authority and the equality of their parents to watch over the integral development of the minors. This
article refers to the historical review of tenancy since Roman times, as well as describes concepts and
theories regarding tenancy, parentality and co-responsibility. Important arguments are presented
regarding shared custody and the need for its incorporation in Ecuadorian legislation. For this purpose,
a qualitative type of research was carried out through grounded theory, applying the inductivedeductive and comparative method by means of law, doctrine and bibliographic sources, which allowed the study of this topic.
Keywords: joint custody, shared custody, joint responsibility, parents, children, parental rights