Barenting in partnership

Facing a separation or divorce raises one of the most delicate questions for a parent: how to ensure their children have a balanced and constant presence of both parental figures. Increasingly, we hear about alternating residence and equal times, solutions aimed at overcoming the traditional model of the primary custodial parent. Understanding when and how these arrangements can be applied is the first step in protecting the well-being of minors. In this process, the support of a divorce lawyer in Milan with experience in managing complex family dynamics becomes essential to guide choices and define sustainable agreements.

What are alternating residence and equal times?

It is important to clarify some key concepts. Italian law (L. 54/2006) established joint custody as the rule, according to which the most important decisions for the children's lives must be made by mutual agreement by both parents. However, custody should not be confused with placement, which concerns the habitual residence of the minor. Alternating residence, or equal placement, represents a specific way of implementing joint custody. With this arrangement, the child spends almost equal periods of time at each parent's home, maintaining a continuous and equal relationship with both. This is not a mathematical division of days, but a project of effective co-parenting, built on the supreme interest of the minor.

Criteria assessed by the Court for equal times

The application of alternating residence is not automatic, but is assessed by the judge on a case-by-case basis, based on rigorous criteria aimed at protecting the child's psychophysical balance. The main factors taken into consideration, especially by the case law of the Court of Milan, include:

The paramount interest of the minor

This is the cornerstone principle. The judge assesses whether alternating residences can benefit the child, considering their age, habits, adaptability, and social relationships. For very young children, for example, greater housing stability might be preferred, while ensuring ample contact with the other parent.

Proximity of parental homes

An almost indispensable condition is that the parents live a short distance apart. This allows the child to maintain their social and school environment unchanged: same friends, same school, same afternoon activities. Excessive distance would make daily organization unsustainable and harmful to the minor.

High capacity for cooperation between parents

Alternating residence requires constant dialogue and a significant capacity for collaboration between parents. A solid agreement is necessary on daily management, educational choices, and conflict resolution. High levels of conflict between the parties are often considered an insurmountable obstacle to the application of this arrangement.

The approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, an expert in family law in Milan, focuses on a pragmatic and personalized analysis of each family unit. The goal is not to pursue an abstract model, but to find the most functional solution for that specific child and those specific parents. First, a thorough assessment of the feasibility of a co-parenting path is carried out, analyzing logistical distance, compatibility of lifestyles, and the real willingness to cooperate. Subsequently, lawyer Bianucci assists parents in drafting a detailed parenting plan, a fundamental document that governs not only the division of time but also the management of expenses, holidays, and every practical aspect of the child's life, thus preventing future conflicts.

Frequently Asked Questions

With alternating residence, must child support be paid?

Even in the case of equal times, child support may be required from the economically stronger parent. This is because child support is not only intended to cover the costs of the time spent with the child but also to ensure the minor enjoys the same standard of living in both homes. However, the amount is generally lower than in cases of primary placement, and direct support, with the division of extraordinary expenses, is favored.

What happens if a parent disagrees with equal times?

If there is no agreement, the judge decides. The parent requesting alternating residence must demonstrate that this solution serves the child's concrete interest and that all practical conditions exist (proximity of homes, good communication skills). The judge will hear both parties and, if deemed necessary, the child who has reached the age of 12.

Is alternating residence possible for very young children?

This is a debated topic. Many courts believe that for preschool-aged children, greater housing stability with a primary caregiver is essential. However, it is not ruled out a priori. Very extensive and progressive contact arrangements can be foreseen, evolving towards equal times as the child grows and gains more autonomy.

What is the difference between equal placement and alternating residence?

The terms are often used interchangeably. Technically, 'alternating residence' implies a double domicile for the minor, with alternating registered residence. 'Equal placement' or 'equal times' focuses on the almost equal division of time the child spends with each parent, maintaining a single primary registered residence, usually for practical and bureaucratic reasons.

Request an assessment of your case

If you are going through a separation and wish to explore the possibility of joint custody with equal times, it is crucial to receive legal advice based on a deep understanding of the subject. Lawyer Marco Bianucci, with extensive experience as a divorce lawyer at his Milan office at via Alberto da Giussano 26, can help you assess your specific situation, illustrating the real prospects and defining the most effective strategy to protect your relationship with your children. Contact the firm to schedule an initial consultation and analyze your case in detail.