Abstract
This article addresses the changes in Family Law, focusing on shared custody and its relationship with the principle of the best interests of the child. The topic emerges as relevant in view of contemporary social and legal challenges, marked by the dissolution of marital bonds and the emotional and psychological impacts on children and adolescents. The central question of the study is: how is the shared custody model implemented in contexts of family breakdown and how does it contribute to ensuring the well-being of the minors involved? The main objective is to analyze the effectiveness of the shared custody institute in Brazil, exploring its capacity to guarantee the rights of children and adolescents. To this end, the work seeks to: (i) understand the evolution of the concept of family and its relationship with parental authority; (ii) study the legal framework that supports shared custody; and (iii) assess civil liability in cases of non-compliance with parental obligations, especially in situations of parental alienation. The methodology used consists of a bibliographic and documentary review, supported by a qualitative approach. Books, scientific articles, legislation, case law, and academic documents published between 2007 and 2021, in Portuguese and English, were analyzed. The method allowed for a broad and critical view of the topic, connecting theoretical foundations to legal practices. It is concluded that shared custody is a model that promotes cooperation between parents and preserves emotional ties with children, helping to minimize the adverse effects of family dissolution. However, its effectiveness depends on the parents' commitment to the principle of human dignity and the best interests of the child. The research reinforces the importance of a humanized and interdisciplinary Family Law that protects the rights and integral development of children and adolescents, promoting balance and justice in family relationships.
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