The Protection of Children with Disabilities

Facing separation or divorce is an emotionally complex journey, which becomes even more delicate when it involves children with disabilities or special educational needs. Every parent's primary concern is to ensure their child receives maximum stability and continuity of necessary care. In these circumstances, defining a custody plan is not just a legal matter, but an act of profound responsibility to build a serene future. As a family lawyer in Milan, Avv. Marco Bianucci assists parents in developing legal solutions that prioritize the child's well-being and specific needs, transforming uncertainties into a clear and sustainable life plan.

The Legal Framework: The Best Interests of the Child

Italian legislation hinges on the principle of the best interests of the child in every decision concerning them. This principle is further strengthened in the case of children with disabilities. The law on shared custody (Law 54/2006) establishes that both parents retain parental responsibility and participate equally in the most important decisions for their child's life. However, when a child has special needs, applying this rule requires specific attention. It's not just about dividing time, but about creating a coordinated environment that ensures therapeutic, educational, and emotional continuity, minimizing any possible distress arising from the change in family structure.

The Approach of Studio Legale Bianucci: A Tailored Parental Plan

The approach of Avv. Marco Bianucci, a lawyer with extensive experience in family law in Milan, focuses on drafting a personalized parental plan. This document is not a mere formal agreement, but a strategic and detailed tool that governs every aspect of the life of a child with a disability. The goal is to prevent future conflicts and ensure that every decision is made based on their real needs. The fundamental elements of this plan include precisely defining the placement arrangements, taking into account the child's routines and stability, and an in-depth analysis of the financial contribution, which must cover not only ordinary expenses but also all extraordinary expenses related to therapies, educational support, specialized assistance, and medical care. The plan also defines the modalities of collaboration between parents for health and educational choices, ensuring consistency and continuity in the child's growth process.

Frequently Asked Questions

How is the maintenance allowance for a child with a disability calculated?

The calculation of the maintenance allowance for a child with a disability is not based solely on parental incomes and standard court tables. The child's specific needs are prioritized. The amount is determined by considering the costs for rehabilitation therapies, psychological support, home assistance, the purchase of specific aids, and personalized educational paths. It is crucial to document all these expenses in detail to ensure an adequate and fair contribution.

Is shared custody always the best choice for a child with special needs?

Shared custody remains the legally preferred arrangement, as it guarantees the child's right to both parents. However, its implementation must be flexible and adapted to the child's needs. The absolute priority is their psycho-physical stability. Therefore, predominant placement with one parent can be foreseen if it better suits their routines and needs, while ensuring the other parent ample visitation rights and participation in all important decisions.

What happens when a child with a disability becomes an adult?

Unlike with neurotypical children, the obligation to provide maintenance for a child with a severe disability does not automatically cease upon reaching 18 years of age. If the child is not economically self-sufficient, the custodial parent is entitled to continue receiving a maintenance allowance. In some cases, it may be necessary to activate legal protection tools such as supported administration for the management of financial and personal matters.

Who decides on medical and therapeutic choices after separation?

Decisions regarding the child's health, education, and therapeutic paths are among the most important and must be made by mutual agreement between both parents. To avoid disagreements, it is essential that the parental plan clearly defines how these decisions will be discussed and made. In cases of irreconcilable conflict, the final decision rests with the judge, who will always and only act in the exclusive interest of the child.

Request a Consultation for Your Case

The legal management of custody for a child with special needs requires not only legal expertise but also deep sensitivity. Every family has a unique story and deserves solutions that respect its peculiarities. If you are facing this delicate situation, it is essential to rely on a professional who can guide you in building a secure future for your child. Contact Studio Legale Bianucci at via Alberto da Giussano, 26 in Milan for an in-depth assessment of your case. Avv. Marco Bianucci will assist you in developing the most effective strategy to protect the rights and well-being of your family.