When facing a divorce, one of the most delicate aspects to address is child custody. It is often wondered why children are predominantly placed with their mother. It is important to emphasize that, in the Italian legal context, there is no fixed rule stating that children must be entrusted to their mother. However, various factors can lead to this outcome.
Italian law is based on the principle of 'the best interest of the child', a central concept in family law. This principle guides judges in custody decisions, aiming to ensure that the choice made is the most favorable for the child's well-being. Often, it is believed that children, especially if very young, need emotional continuity and a stable environment, which can be more reliably provided by the mother.
Another factor to consider is the social trend and cultural habits that still see the mother as the primary caregiver for children. This does not mean that fathers cannot be equally suitable or that there are no exceptions, but historically and culturally, the maternal figure is often associated with the daily care of children.
In many cases, the judge assesses various elements: each parent's ability to care for the children, availability of time, work situation, and ability to provide a stable environment. The divorce lawyer's task is to present to the judge all evidence and arguments demonstrating which parent is more suitable for custody.
It is important to note that Italian law promotes shared custody, a solution that aims to maintain the involvement of both parents in the child's life. The divorce lawyer can assist the parties in finding an agreement that respects the role of both parents, always in the best interest of the child.
Each divorce and custody case is unique and complex, requiring in-depth and personalized analysis. For this reason, it is essential to rely on an experienced divorce lawyer. If you need legal assistance or wish for further clarification on this topic, do not hesitate to contact the Bianucci Law Firm for a personalized consultation. We are here to help you navigate the legal complexities of divorce and child custody.