The Desire for a Constant Presence in Children's Lives

Separation represents a moment of rupture in family dynamics, but it should never mean the end of parental roles. Many parents who turn to Studio Legale Bianucci express a strong desire to maintain a daily and equal relationship with their children, aiming for what is defined as 'perfect co-parenting' or shared custody. As a divorce lawyer practicing in Milan, Avv. Marco Bianucci deeply understands the emotional importance of this request and the need to translate it into a sustainable and concrete legal strategy.

The Regulatory Framework: Joint Custody and Equal Placement

It is crucial to distinguish between joint custody, which is the rule in our legal system and concerns the ownership of parental responsibility, and equal placement, which concerns the actual time the child spends with each parent. Although Italian law promotes the child's right to maintain a balanced and continuous relationship with both parents, equal placement (the so-called 50/50) is not automatic. Jurisprudence, and in particular the orientation of the Court of Milan, evaluates this solution with extreme care, always placing the child's supreme interest at the center rather than the parents' claim for mathematical equality.

Requirements for Shared Custody in Milan

For a judge to approve a request for equal time, specific conditions must exist that make such an arrangement beneficial for the child and not a source of stress. An essential element is the logistical proximity between the parents' homes and the child's school: the child cannot be forced into long daily commutes that compromise their habits, studies, or sports activities. A second determining factor is the child's age, as very young children or adolescents have different stability needs. Finally, a high level of parental cooperation is necessary. If the level of conflict between parents is high, the Court of Milan tends to exclude shared custody, as the continuous movement between homes would require calm and constant communication, which would be lacking in case of conflict, harming the child's psychophysical balance.

Studio Legale Bianucci's Approach to Co-Parenting

Avv. Marco Bianucci, an expert lawyer in family law in Milan, approaches every case requesting equal placement with a rigorous and honest preliminary analysis. The goal is not to promise unattainable results, but to build the conditions for the request to be well-founded. The firm's approach focuses on concretely demonstrating the parent's ability to manage the child's daily life and on preparing a detailed parenting plan that shows the judge the logistical feasibility of the 50/50 arrangement. The objective is to present the Court with a solution that appears, from the outset, as the best guarantee for the child's serene growth, highlighting the client's willingness to dialogue and flexibility, qualities essential for those aspiring to equal management.

Frequently Asked Questions

Does equal placement eliminate child support?

Not necessarily. Even with equal time spent with each parent, the judge may order a compensatory allowance if there is a significant economic disparity between the parents' incomes. Direct maintenance, where each parent covers expenses when the child is with them, is possible but requires precise agreements on extraordinary and ordinary expenses, and is often applied only when economic capacities are similar.

Can I request 50/50 if the other parent disagrees?

Yes, it can be requested judicially, but in case of disagreement, the Court will be very strict in verifying whether such a solution serves the child's best interest. Without an agreement between the parties, the judge may appoint a CTU (Consulente Tecnico d'Ufficio - Court-Appointed Technical Consultant) to assess whether frequent alternation is compatible with the child's psychological well-being in that specific family context.

At what age can shared custody begin?

There is no legally fixed age, but the practice of the Court of Milan and forensic psychology advise against rigid equal time for preschool children, who need a primary caregiver and a stable routine. As children grow, especially towards adolescence, there is more scope for an equitable division of time, always taking into account, where applicable, the child's own wishes.

What happens if I move away from Milan?

If one of the parents moves a significant distance away, it becomes almost impossible to maintain equal placement. In such cases, the Court will have to revise the visitation arrangements, prioritizing the child's stability in their usual place of residence and schooling, and modifying the visits of the non-custodial parent (e.g., on weekends and during holidays).

Request an Assessment of Your Case

If you wish to understand whether the conditions exist to request equal placement or want to protect your right to co-parenting, it is essential to proceed with an awareness of the local Court's dynamics. Contact Avv. Marco Bianucci for an in-depth assessment of your family situation. The firm receives clients in Milan at Via Alberto da Giussano, 26, and is ready to assist you in building the best possible future for you and your children.