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In Italy, including Milan, when it comes to child custody, the main guiding principle is always the best interests of the child. In most cases, joint custody is granted to both parents. This means that major decisions about the child's life are made collectively, although the child may live primarily with one parent. The Non-Residential parent usually has a right to visitation. If a parent is deemed unfit, sole custody can be given to the other parent.
Child custody disputes can be emotionally draining and legally complex. Having a lawyer can be beneficial in navigating the legal system, asserting your rights, and achieving a fair outcome. A lawyer would be particularly useful in situations such as a contentious separation, concerns about the child's well-being, or an uncooperative ex-spouse. They can also help draw up visitation schedules that work best for all parties involved.
Italian law underscores the importance of both parents having a relationship with the child. A parent cannot prohibit the other from spending time with the child, unless a court order allows this. If the parents cannot reach an agreement regarding child custody or visitation, a court will make the decision based on the child's welfare, the child’s relationship with each parent, the parent’s ability to provide care and the wishes of the child.
In Italy, a person is considered a minor until they reach the age of 18. Until a child reaches this age, parental responsibility continues.
Generally, Italian courts take into account the wishes of children who are sufficiently mature - usually by the age of 12. But ultimately, the final decision is based on what is considered best for the child.
If the non-custodial parent does not adhere to the visitation schedule, it is recommended to bring up the matter legally. Do not discourage the child's relationship with the other parent as the law emphasizes on the child's right to a relationship with both parents.
Yes, Italian law does recognize the rights of the child to maintain relationships with other family members if it is in the child's best interest.
Italian law mandates that both parents contribute to the child's upbringing. The amount is determined based on the needs of the child and the economic capacities of each parent.
For further assistance, you can reach out to the following organizations in Milan:
If you require legal assistance in child custody matters, it is advisable to consult a legal professional specializing in family law. Start by gathering all relevant documents such as the child's birth certificate, proof of income, and any previous custody agreements. Contact a lawyer for initial consultation and proceed according to their advice.
