The best interests of the child and adolescent principle in custody proceedings. Lima, Peru

Abstract

This paper analyzes the application of the best interests of the child principle in judicial custody proceedings in Lima, Peru. Using a qualitative approach and a phenomenological design, the research identifies that this principle acts as the guiding framework for ensuring the comprehensive well-being of the minor in the context of parental conflicts. However, the study reveals significant institutional limitations, such as excessive caseloads, delays in technical reports, and judicial reasoning that is often insufficient. Likewise, it examines how parental co-responsibility and shared custody face sociocultural obstacles and gender biases that hinder their effective implementation. The document concludes that protecting the minor requires individualized and interdisciplinary rulings that go beyond legal formalism to ensure genuine protection. Finally, it highlights the need to strengthen the child's participation and the expeditiousness of family courts to preserve their emotional stability