When Drastic Intervention is Necessary for the Child's Well-being

The decision to sharply limit the other parent's role in their child's life is undoubtedly one of the most painful and complex steps a parent can face. However, there are circumstances where a father's or mother's behavior is not merely inadequate but becomes a source of serious harm to the child's psychophysical balance. As a family lawyer in Milan, Avv. Marco Bianucci deeply understands the delicacy of these situations, where the absolute priority must always be the safeguarding of the child's integrity. This is not a simple dispute between ex-spouses, but about activating the most incisive legal tools to protect those who cannot defend themselves.

The Legal Framework for Sole Custody with Enhanced Powers in Italy

In our legal system, the general rule is shared custody, which presumes both parents' participation in the child's upbringing and fundamental decisions. However, case law has developed the concept of "affidamento super esclusivo," also known as enhanced sole custody. This measure, which is exceptional, is granted by the Court when one parent proves to be totally unfit for the educational role or when their presence is detrimental. Unlike ordinary sole custody, where decisions of major importance (health, education, residence) must still be agreed upon, in enhanced sole custody, the custodial parent obtains the exclusive exercise of parental responsibility over all matters, ordinary and extraordinary. This legal instrument is provided for cases of extreme gravity, such as the total unavailability of the parent, severe addiction, violent behavior, or such marked disinterest as to prejudice the child's development.

The Bianucci Law Firm's Approach to High-Conflict Cases

Handling proceedings for the request of enhanced sole custody requires a rigorous and flawless procedural strategy. The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, is based on a meticulous analysis of factual evidence. It is not enough to assert the other parent's inadequacy; it must be demonstrated by documenting specific episodes, serious omissions, and detrimental behaviors. The Bianucci Law Firm works to build a solid petition, often availing itself of the support of technical consultants to assess parental competencies, with the aim of presenting the judge with a clear picture that justifies concentrating all decision-making power in the hands of the protective parent. The strategy aims to obtain a ruling that guarantees stability for the child, eliminating those situations of deadlock or danger arising from the obligation to consult an absent or harmful parent.

Frequently Asked Questions

What is the main difference between sole custody and enhanced sole custody?

The substantial difference lies in decision-making power. In classic sole custody, the custodial parent manages ordinary administration, but decisions of major importance for the child (school, health, residence) must be made by mutual agreement with the other parent. In enhanced sole custody, however, the custodial parent assumes the power to decide autonomously even on matters of major importance, effectively excluding the other parent from all choices relevant to the child's life.

What evidence is needed to obtain enhanced sole custody?

To obtain this measure, rigorous proof of the opposing party's severe parental unfitness must be provided. This may include medical documentation attesting to alcohol or drug addiction, reports of mistreatment or witnessing violence, reports from social services highlighting total disinterest or moral and material abandonment, or proof of prolonged unavailability that effectively prevents urgent decisions for the child.

Does the other parent lose the right to see the child?

Not necessarily. Enhanced sole custody affects parental responsibility and decision-making power; it does not automatically eliminate visitation rights. However, in cases of serious danger to the child's psychophysical well-being, the judge may order that meetings take place in a protected setting, with the presence of social service operators, or, in the most extreme cases, may temporarily suspend contact until the risk conditions cease.

How long does it take for the court to decide?

The timelines vary based on the workload of the competent Court and the complexity of the investigation. However, if there are urgent conditions and serious prejudice to the child, the lawyer can file urgent appeals that allow for provisional measures to be obtained more quickly than ordinary proceedings, to ensure immediate protection for the child while awaiting the final judgment.

Request an Assessment of Your Case in Milan

If you believe that the current family situation is harming your child's well-being, it is crucial to act promptly and competently. Avv. Marco Bianucci is available at his Milan office, located at Via Alberto da Giussano 26, to analyze the details of your situation and assess whether the prerequisites exist to request enhanced sole custody. Contact the firm to schedule an appointment and define the most effective strategy to protect your child's future.