Guarda compartilhada: legitimação social para o exercício da paternidade?

Abstract

The present study carries out a literature review whose objective is to discuss the shared custody and its role as a social anchor for the exercise of paternity. Questions about the gender transformations of the contemporary paternity and masculinity and legislation dealing with custody of minor children after marital separation. Starting from the assumption that that the legal norms in Family Law are strongly influenced by the social content, we sought to investigate how the legislation on the custody of children, when trying to follow the processes of social transformations, can function as a legitimator for the man to exercise paternity. Are difficulties and questions related to the exercise of paternal care after the marital separation, considering the single-parent custody model and the recent law of shared custody. Shared custody is considered an anchor social security, guaranteed by the State, for the exercise of paternity, in the sense of guarantee both the mother's and father's place after separation.