Managing Divorce with Children

Going through a divorce is an emotionally complex journey, and it becomes even more so when children are involved. Understanding your rights, protecting the well-being of minors, and defining new living conditions require clarity, balance, and competent legal guidance. As a divorce lawyer in Milan, lawyer Marco Bianucci assists parents in this delicate transition phase, with the goal of building sustainable solutions that always prioritize the stability and serenity of the children, the true focus of every decision.

The Regulatory Framework: Custody and Maintenance

Italian law considers the supreme interest of the minor as a core principle. This means that every decision concerning children, from custody to maintenance, must be made by primarily considering what is best for their balanced development. The general rule is joint custody, which does not mean dividing time equally, but ensuring both parents have the right and duty to actively participate in the most important decisions regarding the children's education, health, and upbringing. The maintenance allowance, on the other hand, is an economic contribution calculated based on the resources of both parents and the concrete needs of the child, to guarantee them a standard of living similar to the one enjoyed during the marriage.

Modification of Divorce Conditions

The conditions established during a divorce are not immutable. Life evolves, and events may occur that necessitate adjustments. The law provides for the possibility of requesting a review of the conditions, such as the amount of the maintenance allowance or visitation arrangements, if new and relevant facts arise. These may include a significant change in the economic situation of one of the spouses, new needs of the children related to their growth, or a change of residence. The modification procedure can be consensual, if there is an agreement between the parties, or judicial, if the intervention of the Court is necessary to resolve the conflict.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on a thorough analysis of each individual family situation. The primary objective is to find balanced solutions that prevent the escalation of conflicts, especially when minors are involved. For clients residing or working in the southeastern area of Milan, such as San Donato Milanese and San Giuliano Milanese, the firm offers a point of reference for managing these delicate procedures with the utmost attention. Consensual solutions, such as assisted negotiation, are always favored where possible, to reduce the time, costs, and emotional impact of litigation, while ensuring the full protection of the rights of all parties involved.

Frequently Asked Questions

How is child maintenance calculated?

There is no fixed mathematical formula. The judge evaluates various factors: the incomes of both parents, the concrete needs of the child (educational, health, recreational), the standard of living enjoyed during the marriage, and the time spent with each parent. The goal is to ensure that the child receives support proportionate to the economic capacity of both parents and their needs.

What exactly does joint custody mean?

Joint custody establishes that parental responsibility is exercised by both parents. This means that decisions of major importance for the children's lives (such as choosing a school or medical treatments) must be made by mutual agreement. It should not be confused with placement, which defines the child's primary residence, nor does it necessarily imply an equal division of time spent.

When can I request a modification of divorce conditions?

It is possible to request a modification when 'justifiable reasons' occur after the divorce decree. Common examples include job loss, a significant increase or decrease in income, the formation of a new family unit by one of the ex-spouses, a relocation, or new and proven needs of growing children.

Request a Consultation for Your Case

Fully understanding the legal implications of divorce and its potential modifications is the first step towards making informed decisions. If you need the support of a divorce lawyer in Milan to analyze your specific situation, the Bianucci Law Firm is at your disposal. Contact lawyer Marco Bianucci to schedule a meeting and discuss the most appropriate strategies to protect your interests and, above all, those of your children.