Guarda compartilhada com os avós em famílias monoparentais

Abstract

This monograph deals with the problematic of the grandparents and grandchildren relationship on current conjuncture of Brazilian law, passing through the current logic of affectivity as guiding of family relations. The discussion begins with guardianship, about wich one fits better the interests of the children, due to the progression suffered by law in recent years and especially on the last ten years with shared custody laws (Law 11698/08 and 13.058/14).That is followed by a debate on the rights e responsibilities between grandchildren and grandparents, based on the new relevance of the complex reality of Family Law today, with the new ways of creating a family and focus on the individual freedom of the people. Lastly there is a debate about the numerous kinds of familys brought to us by the 1988 Constitution, focusing on the defense of the minor and a possibility of application of shared custody of minors between grandparents and single parent.