The Child's Protection First

Navigating the end of a marital bond or cohabitation is a complex journey, becoming even more delicate when it involves children with special needs, such as those on the autism spectrum. The absolute priority becomes ensuring their stability, therapeutic continuity, and a serene environment, protecting them from potential parental conflicts. As a family lawyer in Milan, lawyer Marco Bianucci assists parents in defining agreements that place the child's psychophysical well-being at the center. The goal is to translate the child's unique needs into a legally sound and practically feasible co-parenting plan.

The Legal Framework: The Superior Interest of a Child with Autism

Italian legislation, particularly Law 54/2006 on shared custody, establishes that every decision must be guided by the superior interest of the child. This principle is further amplified in cases involving children with disabilities. A judge will not only determine the times each parent spends with the child but will also very carefully assess how the organization of the child's life may impact their routines, therapies, and developmental progress. A standard co-parenting plan is often inadequate; a detailed document is needed to serve as a true guide for both parents, minimizing the chances of future misunderstandings and conflicts.

The Bianucci Law Firm's Approach: A Tailored Co-Parenting Plan

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on creating a bespoke co-parenting plan, built on the child's specific needs. This process goes beyond the mere application of rules, involving an in-depth analysis of the family situation. The firm promotes constructive dialogue between parents, often collaborating with external professionals such as child neuropsychiatrists, psychologists, and therapists who are already involved with the child. The objective is to draft an agreement that unequivocally governs every practical aspect: from managing medical appointments to sharing information with the school, from choosing extracurricular activities to allocating the significant extraordinary expenses often required.

Key Elements of an Effective Co-Parenting Plan

A well-structured co-parenting plan for a child with autism must go beyond standard aspects. It is crucial to clearly define the management of therapies (such as speech therapy, psychomotor therapy, or ABA), establishing who will handle bookings, transportation, and communication with specialists. Similarly, coordination with the educational institution is vital: the plan must outline how parents will participate in GLOs (Operational Working Group for Inclusion) and how they will ensure consistency between the home-based educational approach and the Individualized Education Plan (IEP) at school. Finally, a detailed section on the allocation of extraordinary expenses, specifically listing costs related to the child's needs, is essential to prevent future disputes.

Frequently Asked Questions

How is the custody of a child with autism decided?

Shared custody is the rule, but the placement arrangements and time spent with each parent are determined by prioritizing the child's need for stability and continuity in their routines and therapies. The judge will give great weight to each parent's ability to ensure this continuity, also relying on reports from specialists involved with the child.

Does the custodial parent of a child with autism receive a higher maintenance allowance?

The maintenance allowance is calculated based on the child's actual needs and the parents' financial resources. Since a child with autism often has specific needs that entail significant costs (therapies, support, special diets), it is highly probable that the maintenance allowance will be higher than in standard situations to adequately cover these expenses.

What happens if a parent does not comply with the co-parenting plan?

Once approved by the court, the co-parenting plan has the force of law. If a parent fails to comply with the agreed-upon terms, the other parent can petition the court to enforce it. Depending on the severity of the violation, the judge may issue warnings, impose financial penalties, or, in more serious cases, modify the custody arrangements.

Is it possible to modify the co-parenting plan in the future?

Yes, the co-parenting plan is not immutable. A child's needs, especially those of a child with autism, change over time. It is possible to request a modification of the agreements from the court if new and justified necessities arise, always with the aim of protecting their well-being and fostering their development.

Contact the Firm for a Personalized Consultation

Defining a separation path while protecting a child with special needs requires legal expertise, empathy, and strategic vision. If you are looking for a family lawyer in Milan with consolidated experience in managing these complex dynamics, you can contact the Bianucci Law Firm for an assessment of your case.

Lawyer Marco Bianucci, at the office located at Via Alberto da Giussano 26, is available to listen to you and define the most effective legal strategy to protect your child's serenity and future. A clear and comprehensive agreement from the outset is the foundation for a more stable future for the entire family.