Protection of Children Born Outside of Marriage in Milan

The end of a de facto relationship is a complex existential passage, often fraught with emotional and practical uncertainties, especially when minors are involved. Many parents fear that, not being married, their children may enjoy less protection than those born within a marriage, or that their parental rights are more precarious. It is crucial to clarify from the outset that the Italian legal system has abolished any distinction between legitimate and natural children: the offspring's rights are identical, regardless of the formal bond that united the parents. As an expert lawyer in family law in Milan, the primary objective in these phases is to ensure the stability and well-being of minors, by clearly and legally regulating future relationships between parents and children.

The Regulatory Framework: Absolute Equality of Rights and Duties

The reform of filiation has established the principle of the uniqueness of the child's status. This means that procedures for the custody and maintenance of children of de facto couples follow logic similar to those of married couples. The cornerstone principle is that of shared parentality: the child has the right to maintain a balanced and continuous relationship with both parents, to receive care, education, and instruction from both, and to maintain significant relationships with the ascendants and relatives of each parental branch. The general rule is shared custody, which presupposes the sharing of decisions of major interest for the child's life, such as those relating to health, education, and upbringing. Only in exceptional cases, where a parent's conduct is detrimental to the minor, can exclusive custody be considered.

Adv. Marco Bianucci's Approach to Managing the Crisis of De Facto Couples

At the Bianucci Law Firm, the approach to regulating crises in de facto couples is distinguished by a deep attention to the human dynamics underlying legal conflict. Adv. Marco Bianucci, with his extensive experience as an expert lawyer in family law in Milan, works to transform the couple's crisis into a responsible reorganization of the family. The firm's strategy is not limited to the mere application of norms but aims to build a tailor-made parenting plan. This means precisely defining not only the amount of the maintenance allowance but also the periods of stay with each parent and the management of extraordinary expenses, preventing future interpretative conflicts. The goal is to reach, where possible, a joint application that incorporates a balanced agreement, reducing the time taken by the courts and the emotional burden on the children.

Economic Regulation and Assignment of the Family Home

A crucial aspect concerns maintenance and the assignment of the family home. Even for de facto couples, the parent with whom the children are primarily placed often has the right to obtain the assignment of the family home, even if it is owned by the other parent or is jointly owned, in order to preserve the minors' domestic habitat. Regarding financial contributions, Adv. Marco Bianucci assists the client in the correct quantification of the maintenance allowance. This calculation is not the result of mathematical automatisms but must take into account the child's current needs, the standard of living enjoyed during cohabitation, the periods of stay with each parent, and the financial resources of both. An accurate assessment at this stage is essential to ensure the sustainability of the agreements over time.

Frequently Asked Questions

We are a de facto couple and get along well: is it necessary to go to court?

Yes, it is strongly recommended. A private agreement between unmarried parents has no executive value. Without a court order that ratifies your agreements, you will have no legal means to enforce your rights and those of your children in case of future disagreements or defaults. Formalizing the agreement protects both parents and, above all, the minors.

How is the maintenance allowance for children of unmarried couples calculated?

The calculation is based on the principle of proportionality. The judge, or the parties in case of agreement, assess the child's current needs, the standard of living during cohabitation, the periods of stay with each parent, the financial resources of both, and the economic value of the domestic and care tasks undertaken by each parent. There are no fixed binding tables, but guiding criteria that must be adapted to the specific case.

Does an unmarried father have the same visitation rights as a separated father?

Absolutely yes. The law makes no distinction. The father has the right and the duty to visit his children in ways that ensure a constant and significant presence in their lives. The visitation schedule is established in the best interest of the child, seeking to promote the maximum possible contact with both parents, compatible with school and work commitments.

What happens to the house we lived in if we are not married?

If there are minor children or adult children who are not economically self-sufficient, the judge can assign the use of the family home to the parent with whom the children stably reside (the custodial parent), even if the property is exclusively owned by the other parent. This provision aims solely to protect the children's interest in not undergoing a traumatic change of their domestic environment.

How long does it take to obtain a court order?

The times vary depending on the workload of the Court of Milan and the type of application. If the parents reach an agreement and file a joint application, the times are generally much shorter, often resolved in a few months. In case of judicial disagreement, the procedure is longer and more complex, requiring several hearings and investigative phases.

Request a Consultation at the Bianucci Law Firm

If you are facing the end of a cohabitation and want to ensure the maximum protection for your children, it is essential to proceed with awareness and strategy. Adv. Marco Bianucci is available to analyze your specific situation and guide you towards the most serene and effective solution. Contact the Bianucci Law Firm at Via Alberto da Giussano 26 in Milan to schedule an initial consultation and define the best path for your family.