Neutrosophic Cognitive Map for the evaluation of the protection of the best interests of the child in the divorce of mutual agreement with dependent children

Abstract

This analysis addresses the right to marriage and divorce within the legal framework of Ecuador. The 2008 Constitution guarantees the right to marriage, while the 2005 Civil Code treats it as a solemn contract based on cohabitation and mutual support. Likewise, the family is recognized as the fundamental nucleus of society, with rights and obligations that include parental authority and child support. Divorce, according to Article 110 of the Civil Code, can occur by mutual agreement or for specific reasons, without exonerating parents from their responsibilities toward their children. The 2008 Constitution also establishes the obligation to guarantee the comprehensive well-being of minors, covering aspects such as health, education, and nutrition. In this context, ruling 10203-2016-01961 underscores the right of children to receive child support that is adjusted to the income of the parent in charge, emphasizing the principle of the best interests of the child. The objective of this research is to implement the Neutrosophic method for evaluating the protection of the best interests of the child in divorce by mutual agreement with dependent children.