Assessment of the evidence against the fixation of tenure

Abstract

In Ecuador, when the parents of a minor divorce or separate, they have to define first and foremost what will happen to their children, where they will live, and who they will live with. By tradition and custom, it has always been the mother who retains custody of the children or adolescents. However, conflicts arise between couples or ex-couples with children in common, taking into account that, in Ecuador, single-parent custody is the one that is in force and recognized within the internal regulations. Therefore, it can be seen that parents cannot always obtain custody of their children. The objective of this article is to analyze the evaluation of the evidence within the processes of establishing the possession of a child or adolescent and the implications that these have in terms of the evaluation of the evidence, the purpose of which is to ensure the best interest. of the child. For this, the synthetic analytical research method is used to identify the types of evidence that must be presented in possession trials and the assessment that judges must give to each of the means of proof. This research is carried out with a qualitative approach.