About Child Custody Law in Milan, Italy
In the Italian legal system, child custody laws post-divorce are focused on the welfare of the child. There are two main types of custody: joint custody, where both parents share the legal and physical custody of the child, and sole custody, where one parent is fully responsible. "Affidamento condiviso" or joint custody is the norm by law unless it's determined derogatory to the child.
Why You May Need a Lawyer
A legal expert in child custody is crucial for settling disputes arising from divorce or separation. Situations needing a lawyer include disagreements over joint or single custody, child support payments, visitation rights and rules, etc. Sometimes, these issues might escalate to a point where the intervention of a custody specialist becomes necessary to safeguard the child's best interests.
Local Laws Overview
In Milan, the child custody laws center around the welfare of the child, intending to ensure minimum disruption in their routine lives. The law necessitates both parents to contribute towards their child's upbringing. The Judge decides on child custody based on several factors including conditions of each parent, past behavior, child's preference (above a certain age), etc. In cases of domestic violence, extreme misconduct, etc., the sole custody could be granted.
Frequently Asked Questions
1. How is child support calculated?
The calculation of child support is dependent on both parents' income, number of children, and the specific needs of the child.
2. Can a custody agreement be changed?
Yes, a custody agreement can be modified if needed, provided the reason is justifiable, and the change is in the child's best interest.
3. At what age can a child decide which parent they want to live with?
The Italian law considers the child's opinion above the age of 12, but ultimately the judge decides on the custody.
4. What happens if a parent breaches the custody agreement?
Violations of custody agreement can lead to legal repercussions, up to losing the custody.
5. Can grandparents have legal custody or visitation rights in Italy?
Yes, Italian law recognizes the importance of grandparents in a child's life. They can apply for visitation or even custody if it aligns with the child's wellbeing.
Additional Resources
In addition to consulting a lawyer, individuals can seek help from several governmental bodies and organizations. The Tribunale per i minorenni (Juvenile court) in Milan can provide guidance and law enforcement agencies can help in case of custody violations. The public prosecutor's office or Procura della Repubblica can be a valuable resource as well.
Next Steps
Those who need legal assistance in child custody should immediately consult a lawyer specializing in the field. Understanding the legalities will enable them to protect their rights. Additionally, they should gather necessary documentation regarding the child's welfare, financial details, and any evidence supporting their case. Remember that in all situations, the child's well-being is the primary concern.
Lawzana helps you find the best lawyers and law firms in Milan through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Child Custody, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Milan, Italy—quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please
contact us, and we will review and update it where appropriate.
