Managing Religious Choices

Separation or divorce introduces complex emotional and practical challenges, especially when parents come from different cultural or religious backgrounds. The issue of children's religious upbringing becomes a crucial point, requiring balance, mutual respect, and a clear understanding of the legal framework. We understand that your primary goal is to ensure a calm and consistent upbringing for your children, shielded from conflicts that could disorient them. Addressing this path with the support of a family lawyer in Milan with extensive experience in the field is essential to define a shared approach that protects the child's well-being.

The Legal Framework: The Superior Interest of the Child

In Italy, the guiding principle for all decisions concerning children is the superior interest of the child. The Constitution, in Article 30, enshrines the right and duty of parents to maintain, instruct, and educate their offspring. This also includes the religious dimension. In case of separation, joint custody is the rule, meaning both parental figures retain educational responsibility. No parent can unilaterally impose their own beliefs or exclude the other from the child's religious formation. Case law consistently affirms that the child has the right to know both parents' cultures and faiths, in an environment free from coercion and indoctrination, in order to develop, over time, their own critical and independent thinking.

The Bianucci Law Firm's Approach

The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, is based on seeking consensual solutions that prioritize the child's psychophysical stability. Our strategy is not to fuel conflict, but to facilitate constructive dialogue to reach a detailed agreement on educational choices. We work to define clear agreements within parenting plans, which establish how and when to introduce children to respective religious practices (participation in ceremonies, holidays, catechetical or educational paths) in a balanced and respectful manner. Should dialogue not be possible and a parent assumes detrimental behavior, we act firmly in court to protect the minor from impositions and ensure that decisions are made solely in their best interest.

Frequently Asked Questions

Can a parent baptize a child without the other's consent?

No, decisions of major importance for children, such as those related to the religious sphere (baptism, communion, circumcision), must be made by mutual agreement between both parents. In case of disagreement, a parent cannot proceed unilaterally. If an agreement cannot be reached, the matter must be submitted to the judge, who will decide solely by evaluating what is the best choice for the child's well-being and balance.

What happens if an agreement on religious education cannot be reached?

If the disagreement persists and becomes an obstacle to the child's serene upbringing, it is necessary to turn to the Court. The judge, after hearing the parents and possibly the child themselves (if they are 12 years old or have adequate discernment), will make the decision they deem most appropriate. The judge's goal is not to choose which religion is 'better,' but to ensure that the child is not a victim of parental conflict and can grow up in a harmonious environment.

At what age can my child choose their own religion?

Italian law does not set a precise age, but recognizes increasing autonomy for the minor as they get older. Already at 12 years old, the minor has the right to be heard in proceedings concerning them. At 14, they gain the right to independently choose whether or not to participate in Catholic religion classes at school. Generally, it is believed that with adolescence, the minor develops sufficient discernment to make personal choices regarding faith, which parents are obliged to respect.

Finding the Solution for Your Family in Milan

Every family has a unique story and deserves a personalized solution. Understanding how to balance different religious views is an essential step to ensure a peaceful future for your children. If you are facing this delicate situation, it is important to act with awareness and strategy. For an in-depth evaluation of your case, you can contact the Bianucci Law Firm. As a family lawyer, Avv. Marco Bianucci offers his expertise to guide you in finding the most suitable path for your family, at our office in Milan at Via Alberto da Giussano, 26.