Do you want custody of your child? Are you not sure which laws apply in Italy? Well, let us guide you with that. Whilst the Civil Code regulates the complete matter of Child custody in Italy, the custodial duties are completely at the discretion of the Court.
After divorce, it is a right of the children to have continuous contacts with both the parents, even if they are living with just the one who has custody. They have also right to be protected and maintained, to get schooling, care and education: this is the responsibility of both parents.
Divorce is generally very painful and can have serious implications on the kid. It is an obligation of parents to see the kids suffer the least during this process. This is a very delicate matter and needs to be dealt with maturity by everyone involved. It is always better to seek help of an experienced lawyer for getting the job done. Keep in mind the child is going through a very tough time and parents should work in his/her welfare at all times.
In case of Child custody in Italy, local law also states parental responsibilities based on whether the parents are married or not. For married parents, it is needed to file the claim to the ordinary court whilst for unmarried couples claim is filed to family proceedings court.
Types of custody options available in Italy
1) Exclusive custody of the child – This is where only one of the parents is granted the custody. The designated parent has a right to take the most important decisions in a Child’s daily life. That is basically a complete parental responsibility. The other parent has limited responsibilities, as decided by the court.
2) Joint Custody of child – Here both parents are entitled to parental responsibilities, the kid may decide to stay with one parent. This is basically to respect child’s interest to have contacts with both parents and getting their love.
3) Alternating custody of the child – each parent has a right to exclusively have parental responsibility for a fixed period when custody is granted to them. Each one of them has a predetermined time of custody.
Key factors for awarding child custody:
1) Health of the parents. (Physical and mental health is very important for well-being of the child)
2) Health of the minor. (Physical, mental health and also age should be considered)
3) The lifestyle of each parent and if any abuse history is present on their records. This is something very serious and it is taken into consideration.
4) Minor’s preference, if the age is more than 12 years old. Children have a say in stating with whom they would be more comfortable to stay with.
5) Parents ability to provide for child. If they are financially stable or not and can they provide the kid with a good lifestyle.
6) Emotional bond between the parent and child. This is a very imperative consideration.
Our team of Family lawyers in Italy can grant you all the help you require about Child custody. Also, make you aware of implication of each and differences. So it is always better hiring experienced lawyers to get the job done in case of child custody. It is always advisable to pay attention on children interests first before anything else.