Shared Custody, Exclusive Custody, and Parents' Rights
The custody of children represents one of the most delicate issues in cases of separation or divorce. At the Bianucci Law Firm in Milan, we offer qualified legal assistance to protect the rights of parents and ensure the well-being of minors, in full compliance with current regulations.
Italian law favors shared custody as the primary means of ensuring that children maintain a stable relationship with both parents. However, in certain situations, it is possible to resort to exclusive custody, always with the aim of safeguarding the superior interest of the minor.
Child custody must always guarantee their psychological and emotional well-being, preserving the bond with both parents.
Shared Custody
Shared custody requires both parents to participate equally in important decisions regarding the child's life. This type of custody allows minors to maintain a constant relationship with both parents, even after separation. The main characteristics include:
- Shared decisions on education, health, and activities of the minor;
- Time sharing between both parents, with clear parenting plans;
- Responsibilities equitably divided, respecting each parent's capabilities and availability.
Exclusive Custody
Exclusive custody is ordered by the judge in cases where one parent is unable to provide a suitable environment for the child due to inappropriate or dangerous behavior. The main characteristics include:
- Decisions regarding the minor's life are the responsibility of the custodial parent;
- The non-custodial parent retains the right of visitation and the obligation of maintenance;
- The judge may limit contact with the non-custodial parent if necessary for the well-being of the minor.
Our firm is by your side to assess the circumstances and best protect your rights and those of your children.
Parents' Rights and Duties
Regardless of the type of custody, both parents maintain specific rights and duties towards their children, including:
- The duty of maintenance, proportional to their respective economic capabilities;
- The right to participate in the child's life and be informed about relevant decisions;
- The duty to ensure the psychological, educational, and material well-being of the minor.
Our goal is to ensure that every decision regarding custody is made in the superior interest of the minor, minimizing conflicts between parents.
Shared custody requires both parents to participate in important decisions and time spent with the child. Exclusive custody, on the other hand, assigns decision-making responsibility to one parent while giving the other the right of visitation.
Exclusive custody is ordered when one parent is deemed unfit to ensure the child's well-being, for example, due to violent behavior, lack of interest, or other detrimental situations for the minor.
Yes, custody conditions can be modified by submitting a petition to the competent court if new circumstances arise that necessitate a change for the well-being of the minor.
Not necessarily. Shared custody implies a balanced participation of parents in decisions and the child's life, but the division of time can vary based on the minor's needs and the parents' availability.
Yes, our firm offers comprehensive legal assistance to protect parents' rights, both in the phase of defining custody and in any subsequent modifications, always in respect of the minor's well-being.