Aims you focus on custody and its applicability in separations contentious and consensual, with the presentation of the position of scholars and judges on the subject. The intention is you the show the greatest benefits and importance of the implementation of legal custody a model underpinned by the premise of the best interests of the child who comesclosest you the current social reality. Nicholas Carr has firm opinions on the matter. Keywords: Civil Code, family to power, legal Brazilian custody of children in custody preceedings, the best interest of the child, equal rights will be parents and preservation of parental-bonding. SUMMARY 1INTRODUO6 2O TO BE ABLE FAMILIAR10 2,1 – Famlia10 2,2 – To be able Familiar13 3A GUARD OF the FILHOS16 3,1 – Concept of Guarda16 3,2 – Modalities of Guarda18 3,3 – Guard Comum19 3,4 – Guard nica19 3.4.1 – I begin of optimum Interest of Criana21 3.4.2 – the Right of Visita23 3,5 – the Guard Alternada25 3.6. – Aninhamento or Nidao26 3,7 – the Compartilhada27 Guard 4A GUARD SHARED IN PROCESS JUDICIAL30 4.1.POSICIONAMENTOS30 4.1.1Impossibilidade of incidence in the separations litigiosas30 4.1.2Possibilidade of incidence in the contentious separations with doctrinal approach and jurisprudencial32 4.1.3O paper of the team multidisciplinar35 4.1.4O paper of the Mediao38 4.1.5Vantagens of Guarda Compartilhada40 5CONCLUSO44 6REFERNCIAS BIBLIOGRFICAS47 1 INTRODUCTION the scene of the familiar model contemporary brings the figure of the father and the mother as citizens of rights and duties you equalized between itself, the importance of the affective value of the family and the protection of the superior interest of the minor, what it becomes imperious the constant search for new solutions for the disputes of guard of the children. The Family law widely was modified with the advent of the new Civil Code, that entered in vigor in January of 2003. Credit: Nicholas Carr-2011. According to new Statute, the guard in the separations judicial or divorces for mutual assent will be determined for the spouses.