Violation of the Right to Health and Dual Parentage

Discovering that your child has undergone medical treatment, specialist visits, or hospitalization without being promptly informed is a deeply distressing experience. When living through a separation or divorce, a lack of communication on such sensitive issues not only undermines mutual trust but also constitutes a serious violation of parental rights. As an attorney specializing in family law in Milan, Avv. Marco Bianucci understands the sense of powerlessness and concern that arises from being excluded from fundamental decisions regarding your children's health and well-being.

The concealment of health information is not a mere lack of courtesy between ex-partners, but rather a genuine violation of the duties imposed by law to protect children and the principle of dual parentage.

The Right to Information in Shared Custody

In our legal system, the general rule in cases of separation is shared custody of minors. This arrangement requires that decisions of major interest for the children, including undoubtedly those relating to health, medical therapies, and surgical interventions, must be made by mutual agreement between both parents. Proceeding unilaterally with non-urgent therapies or concealing the minor's health status constitutes a clear violation of this fundamental principle.

The law stipulates that the custodial parent, meaning the one with whom the minor primarily resides, has the absolute duty to promptly inform the other parent of every relevant aspect of the child's life. Failure to comply with this obligation can lead to serious legal consequences, including the possibility of requesting a review of the custody conditions or the issuance of sanctions against the non-compliant parent by the competent Judge.

The Approach of the Bianucci Law Firm in Milan

Addressing violations of shared custody requires extreme delicacy, clarity, and a deep understanding of family and procedural dynamics. The approach of Avv. Marco Bianucci, an attorney specializing in family law in Milan, is based on attentive listening to the situation and meticulous analysis of documented facts. The firm's primary objective is to restore the proper exercise of parental responsibility, primarily safeguarding the child's balance and health.

The Bianucci Law Firm evaluates the most appropriate strategy for the specific case with the client, prioritizing, where possible, a formal intervention aimed at reminding the other parent of the strict adherence to shared custody rules. However, should obstructive behavior persist, jeopardizing the excluded parent's right to participate in their child's life, the firm is prepared to act firmly in court to seek the necessary measures to protect the violated rights.

Frequently Asked Questions

What can I do if the other parent hides our child's hospitalizations from me?

In case of omission of relevant health information, it is crucial to first document the event, for example, by collecting post-event reports. Subsequently, it is advisable to send a formal warning through your legal representative to demand compliance with the shared custody conditions. If the omission continues, you can appeal to the Judge to request a reprimand of the non-compliant parent or, in repeated cases, a modification of the custody conditions.

Can I request my child's medical records directly from the hospital?

Absolutely yes. Both parents, under a shared custody arrangement, retain the full power and duty to monitor their children's health. Therefore, each parent has the full right to request and obtain copies of medical records, reports, and to communicate directly with attending physicians, hospital facilities, or pediatricians, regardless of the other parent's consent.

Can the concealment of medical information lead to the loss of shared custody?

Yes, established jurisprudence holds that the systematic exclusion of a parent from important decisions and the concealment of vital information indicate a serious inability to protect the child's interest in dual parentage. Such obstructive behaviors can justify a profound review of custody, and the Judge may even order exclusive custody in favor of the parent who was previously excluded.

Protect Your Parental Rights

Being excluded from your child's medical life is an unacceptable situation that requires prompt, targeted, and proportionate legal intervention. If you are facing obstacles in exercising your parental role and the other parent is making unilateral decisions about your child's health, it is essential to act to restore compliance with the rules established by the Court.

Contact Avv. Marco Bianucci to analyze your situation in detail. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano, 26, will welcome you for an initial consultation aimed at thoroughly understanding the critical aspects of your case. Together, you will evaluate the most effective strategy to protect your rights as a parent and ensure your child's utmost serenity.