When to Request Sole Custody: A Necessary Step

The decision to request sole custody of a child represents one of the most delicate and complex moments in a parent's life. It is a choice that is never made lightly, but rather out of the imperative need to protect the child's psycho-physical well-being in the face of situations of severe inadequacy or danger posed by the other parent. As a family lawyer in Milan, Avv. Marco Bianucci deeply understands the emotional weight of this procedure and the necessity to act with extreme prudence and determination.

In our legal system, the general rule is shared custody, introduced to guarantee the child's right to have two parents, meaning to maintain a balanced and continuous relationship with both parents. However, Article 337 quater of the Civil Code provides that the judge may order sole custody to one parent if custody with the other is contrary to the child's best interests. It is crucial to understand that this measure is considered an exception and, as such, requires rigorous proof of the facts.

Legal Prerequisites and Necessary Evidence

To obtain a sole custody ruling from the Court of Milan, it is not enough to complain of general conflict with the ex-partner. It is necessary to prove that the other parent's behavior is detrimental to the child. Among the most frequent reasons that can justify such a request are domestic violence (physical or psychological), untreated drug addiction or alcoholism, complete unavailability or manifest disinterest towards the child, or severe deficiencies in parenting capacity that put the child's growth at risk.

The construction of evidence is at the heart of the legal strategy. An expert lawyer in family law knows that assertions must be supported by tangible documents. Evidence can include medical certificates or emergency room reports in cases of violence, reports from Social Services attesting to the unsuitability of the home environment, complaints or charges filed with the authorities, and reliable testimonies. Even messages and communications demonstrating a threatening or negligent attitude can be relevant. The goal is to provide the judge with a clear and irrefutable picture demonstrating how shared custody would cause concrete harm to the child.

The Approach of Studio Legale Bianucci

The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, is distinguished by a meticulous preliminary analysis of each individual case. Before initiating any judicial proceedings, an honest and transparent assessment of the chances of success is carried out, examining the strength of the available evidence. The firm does not pursue conflict for its own sake but aims exclusively at protecting the child.

The defense strategy is tailor-made. In cases where the prerequisites for sole custody, or even super-sole custody (which further limits the decisions of the non-custodial parent), exist, Studio Legale Bianucci acts with firmness to ensure the child's safety. At the same time, constant support is offered to the client, explaining the evolution of the procedure step by step and preparing them to face even the potential phase of the child's hearing, if ordered by the judge.

Frequently Asked Questions

What are valid reasons to obtain sole custody?

The reasons must be serious and documentable. They include situations of physical or psychological violence against children or the other parent, drug addiction, chronic alcoholism, prolonged unavailability, total moral and material disinterest towards the child, or psychiatric conditions that render the parent incapable of caring for the child. Simple conflict between spouses is not sufficient.

If I obtain sole custody, can the other parent see the child?

Yes, as a rule, sole custody does not eliminate the other parent's right to visitation, nor their duty to contribute to maintenance. The judge will establish the times and methods of contact, which in serious cases may occur in a protected setting (in the presence of social workers) to ensure the child's safety.

What is super-sole custody?

It is an enhanced form of sole custody. While in ordinary sole custody, decisions of major interest (health, education, residence) must be made by mutual agreement, in super-sole custody (or enhanced custody), the custodial parent can independently make these decisions as well, almost entirely excluding the other parent from the child's decision-making life.

How long does the procedure take in Milan?

The timelines vary depending on the complexity of the case and the workload of the Court of Milan. A judicial procedure can last from a few months to a couple of years, especially if the judge orders a Technical Consultancy of the Office (CTU) to assess parental capabilities. However, in situations of grave danger, urgent and temporary measures can be requested.

Request a Case Evaluation in Milan

If you believe your child's safety or well-being is at risk and you are considering requesting sole custody, it is essential to act with the right legal strategy. Contact Avv. Marco Bianucci for an in-depth consultation at the office located at via Alberto da Giussano, 26 in Milan. Together, we will evaluate the situation to best protect your children's future.