Browsing by Author "Delgado Torres, Dana Marcela"
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Item Manifestación de la voluntad y el interés superior de los menores en etapa de primera infancia en los procesos de custodia(Universidad Santiago de Cali, 2025) Delgado Torres, Dana Marcela; Peña Cuervo, María IsabelThis article is an interdisciplinary investigation that briefly analyzes the cognitive, emotional, and psychological development of early childhood minors in custody processes in Colombia, considering that this stage of human development between 0 and 5 years of age implies a special condition of vulnerability as they are beings who, due to their biological, psychological, social, and legal immaturity, are mostly totally dependent on their parents or guardians and can be manipulated or coerced by their guardians, influencing the way they express their will . Despite the regulatory advances in the area of comprehensive child protection, gaps and practical difficulties persist when it comes to guaranteeing real and effective participation of the child at this stage.This article addresses key concepts such as the procedural capacity of the minor, the principle of the best interests of the child, progressive autonomy, and the processes of psychological and emotional development, which are fundamental to adequately interpret the manifestations of will of children in early childhood. It identifies the functions of family court judges, family defenders, family commissioners, technical teams composed of psychologists, nutritionists, social workers, and even educational personnel in their role as defenders and guardians of the rights of early childhood. Likewise, it studies jurisprudence that allows identifying the challenges faced by legal operators when trying to determine if minors are under the phenomenon of parental alienation and if the manifestation of their will has been expressed genuinely or if it has been influenced, coerced, or distorted by one or both parents, especially when there is rivalry between them. It also evaluates the actions of justice operators when identifying these disruptive elements in the expression of the early child's will and what actions they take to guarantee compliance with the principle of the supremacy of the child's best interests and their effective participation in decision-making that affects their life.The analysis is developed from an interdisciplinary perspective, articulating legal and psychological approaches to create strategies aimed at improving the mechanisms for assessing children's will and strengthening the work of family court judges and psychosocial teams in making decisions that directly affect the child's life