Managing Custody in Complex Situations

Facing separation or divorce is an emotionally complex journey. When this is compounded by the presence of a psychiatric disorder, such as severe depression, personality disorders, or other pathologies, concern for the well-being and stability of the children becomes the absolute priority. Italian law places the exclusive interest of the minor at the center of every decision, a principle that guides the judge in determining the most suitable custody arrangements to ensure their serene and stable upbringing. In this context, the role of a well-prepared lawyer is fundamental to navigating the delicacy of the proceedings. As a family lawyer in Milan, Avv. Marco Bianucci handles these cases with the utmost attention, ensuring that every aspect is evaluated objectively and constructively.

The Guiding Principle: The Best Interests of the Minor

In Italian family law, when discussing custody, the decision-making criterion is not punitive towards the parent suffering from a pathology, but protective towards the child. The court does not evaluate the parent in the abstract, but their concrete parenting capacity, meaning their ability to care for the minor, understand their needs, and provide them with an adequate living environment. The presence of a psychiatric disorder does not automatically lead to exclusion from custody, but requires a thorough analysis to understand if and how such a condition may negatively impact the child's life. The goal is always to preserve, where possible, the principle of shared parenting, finding solutions that allow the child to maintain a meaningful relationship with both parents.

Assessing Parenting Capacity

To ascertain the impact of a psychiatric disorder on parenting capacity, the judge often relies on an Official Technical Consultancy (CTU). This is an expert report, conducted by a psychologist or child neuropsychiatrist appointed by the court, tasked with analyzing the family dynamics, the relationship between parents and children, and the psychophysical state of all individuals involved. The technical consultant, through interviews and sometimes specific tests, prepares a detailed report that provides the judge with the technical elements to make the most appropriate decision. In this phase, it is crucial to be assisted by a lawyer who can communicate with the consultants and correctly interpret the results of the expert report, ensuring the protection of their client's rights.

The Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, is based on strategic and multidisciplinary analysis. Aware of the human and legal complexity of these cases, the firm collaborates closely with external psychologists and psychiatrists to provide the judge with a comprehensive and scientifically founded picture. The strategy is never aimed at demonizing the other parent, but at presenting concrete and documented facts. The objective is to identify the most suitable solution to protect the minor, which may include sole custody to the most suitable parent, the provision of supervised visits in the presence of qualified operators, or the definition of a psychological support path for the entire family unit. Every choice is carefully considered to ensure stability and serenity for the child.

Frequently Asked Questions

Does a parent's depression lead to losing custody of children?

Not automatically. Depression, like any other disorder, is evaluated on a case-by-case basis. If the pathology is under pharmacological control, supported by therapeutic treatment, and does not affect the parent's ability to provide for the child's material, emotional, and educational needs, it is not in itself a reason for exclusion from custody. The judge will assess the severity, chronicity, and concrete impact of the illness on the minor's life.

What are supervised visits and when are they ordered?

Supervised visits are methods of contact between a parent and child that take place in a neutral space and under the supervision of social workers or educators. They are ordered by the court when there are doubts about the parent's ability to manage the visit independently or when it is necessary to gradually rebuild an interrupted bond, always ensuring a context of physical and emotional safety for the child.

How is parental incapacity due to a psychiatric disorder demonstrated?

Proof of parental incapacity is not based on mere assertions but requires objective evidence. This may include medical documentation, reports from social services, qualified testimonies, and, above all, the outcomes of a psychological Official Technical Consultancy (CTU). It is essential to gather concrete evidence demonstrating how the parent's disorder significantly compromises the child's well-being.

Can a parent refuse to undergo a psychiatric evaluation?

A parent cannot be legally compelled to undergo an evaluation against their will, as it is a medical treatment. However, an unjustified refusal to cooperate with the Official Technical Consultant appointed by the judge can be freely assessed by the court as a negative factor, potentially being interpreted as an attempt to hide a real problem.

Contact Avv. Marco Bianucci for an Assessment of Your Case

Issues relating to child custody in the presence of psychiatric disorders require legal expertise, sensitivity, and a strategic approach focused exclusively on protecting the minor. If you are facing a situation of this type and wish to receive qualified legal advice, you can contact the Bianucci Law Firm. Avv. Marco Bianucci, with extensive experience in the field, offers assistance in Milan at the office located at Via Alberto da Giussano, 26, to analyze your specific situation and identify the most appropriate legal path to protect your children.