O This article seeks to examine and question the possibility given to the genitors by Article 1.584, indent II, § 2 of Law 13.058/2014 to choose not to exercise shared custody of the children. In order to achieve this objective, we analyse the principle of the best interests of the child and adolescent, as well as the institutions of family power and custody, setting out their development in the Brazilian legal system, concepts, similarities and differences, in addition to their factic reality, in the light of the legislature’s objectives with the Law. 13.058/2014.