Abstract

MARTIN LEVANO BAZAN, Victor Hugo. Applicability of the principle of constitutional equality in the granting of custody of children due to family conflict. Revista InveCom [online]. 2025, vol.5, n.2, e502101.  Epub Apr 04, 2025. ISSN 2739-0063.  https://doi.org/10.5281/zenodo.13951908.

The objective of this study was to determine the applicability of the principle of constitutional equality in the granting of child custody due to family conflict. The methodology used for the research was a qualitative approach with a phenomenological design in which information was gathered from national and international laws, research articles and an interview with a plaintiff father in a custody dispute. The results obtained indicate that the laws grant preference in the custody of the child in favor of the mother. The discussion compares the information extracted from the laws and the cassations. In the interview with the plaintiff father, it was found that there is no constitutional equality of rights in the custody of the minor in favor of the father. It was concluded that the laws in Peru and some South American countries, there is a preference for the mother, without considering the actions that may have repercussions in situations that may harm the welfare of the child.

Keywords : equality of rights; family conflict; harm to the child.

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