Conscious Co-Parenting

Deciding to have a child with someone with whom you do not share a romantic relationship is an increasingly common choice, based on a profound sense of responsibility and a shared project. This form of parenting, known as co-parenting, requires careful planning and a clear vision to ensure a serene and stable future for the child. The complexity of human relationships and the inevitable challenges of raising a child make it essential to define the rights and duties of each parent in advance. In this context, the support of a family lawyer in Milan is crucial to translate your intentions into a solid and legally structured agreement, which prioritizes the exclusive interest of the child.

The Legal Framework for Agreements Between Parents

In Italy, the law does not provide a specific instrument for co-parenting agreements entered into before conception or birth by parents who are not a couple. However, the core principles of family law apply fully. Italian legislation, in fact, is based on the concept of parental responsibility, which requires both parents, regardless of the nature of their relationship, to provide for the care, upbringing, education, and maintenance of the child. A co-parenting agreement is an atypical contract, a private pact that, while it cannot derogate from mandatory legal provisions (such as those on maintenance), serves to establish clear and shared guidelines. This document becomes a fundamental basis on which to build the parental relationship and can be used as a reference in case of future disagreements, providing a judge with proof of the parties' original intentions.

The Approach of Studio Legale Bianucci

The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, focuses on conflict prevention through the creation of comprehensive and forward-thinking co-parenting agreements. The goal is not just to draft a document, but to build a true 'statute' for your family, based on dialogue and clarity. The process proposed by the firm is divided into several phases: an in-depth analysis of your parenting project, the identification of all practical and economic aspects (custody, residence, visitation schedule, division of ordinary and extraordinary expenses, educational and health choices), and the drafting of a personalized agreement that reflects your specific needs. The objective is to create a flexible instrument that can adapt to the child's future needs, minimizing the risk of disputes and ensuring a stable and collaborative upbringing environment.

Frequently Asked Questions

Does a co-parenting agreement have legal validity in Italy?

Yes, although it is a private agreement, it has full validity between the parties who sign it. It cannot conflict with laws protecting the child, but it serves to regulate aspects not covered by the law. In case of conflict, a judge will take it into very high consideration to understand the parents' initial intentions and decide in the child's best interest, provided that the clauses are fair and reasonable.

What should an effective co-parenting agreement contain?

A comprehensive agreement should regulate various aspects: custody (which is normally shared), the child's primary residence or an equal alternation, the visitation and overnight schedule, the detailed division of ordinary and extraordinary expenses, decisions regarding education, health, religious upbringing, and extracurricular activities. The more detailed the agreement, the less room there will be for future doubts or disagreements.

How is child support determined?

Child support is calculated in proportion to each parent's financial capacity and the child's concrete needs. The agreement may provide for a monthly allowance paid by one parent to the other or the management of a joint bank account to which both contribute a sum to cover expenses. It is essential to precisely define which costs fall under ordinary expenses and which under extraordinary expenses, specifying for the latter the need for mutual consent.

Is it possible to modify the co-parenting agreement in the future?

Absolutely yes. A child's needs change with growth, and parents' living conditions can also change. A good agreement should include mechanisms for periodic review. Modifications can be made by mutual agreement between the parents and formalized in a new private writing. In case of disagreement, it will be necessary to contact the judicial authority for a review.

Planning a Co-Parenting Project in Milan?

Building a family through a co-parenting project is an act of great responsibility that deserves the utmost legal protection. A clear and well-structured agreement is the first and most important step to ensure your child a serene developmental path. Avv. Marco Bianucci, with his consolidated experience, can assist you in defining every detail, helping you prevent critical issues and lay solid foundations for the future. For personalized advice, contact Studio Legale Bianucci located in Milan, at Via Alberto da Giussano, 26.