Separation and Child Custody

Navigating the end of a relationship is a complex journey, especially for a mother whose absolute priority is to ensure her children's peace and stability. Concerns can be manifold: how will custody be managed? How will adequate financial support be guaranteed? How can children be protected from potential tensions or inappropriate behavior? Understanding one's rights and the legal tools available is the first step to building a new balance. As an expert family lawyer in Milan, Avv. Marco Bianucci supports separated mothers by providing clear answers and defining a legal path that always prioritizes the best interests of the child.

Pillars of Legal Protection

Italian legislation on separation and divorce is designed to ensure that decisions regarding children are fair and conducive to their growth. The three cornerstones of legal protection are custody, child support, and protection from conduct that may harm the psychophysical well-being of minors.

Child Custody: The Principle of Co-Parenting

Except in exceptional and serious circumstances, the guiding principle for court decisions is joint custody. This does not mean the child will spend exactly half their time with each parent, but that both will maintain an active and equal role in the most important decisions concerning their education, health, and schooling. Sole custody is a residual measure, ordered only when the other parent proves manifestly incapable or harmful to the child. The child's primary residence, known as placement, is established with one of the parents, granting the other extensive visitation rights.

Child Support Payments

Each parent has a duty to contribute to the child's support in proportion to their financial capacity. Child support payments, made by the parent without primary residence, cover so-called ordinary expenses (food, housing, clothing, basic school supplies). Extraordinary expenses (such as medical, sports, recreational, or educational trip costs) are typically divided 50/50 or according to different agreements, and must be pre-agreed between parents, except in emergencies.

Protection from Detrimental Parental Conduct

When a parent engages in behavior that can harm a child, the law provides specific protective measures. Detrimental conduct refers to cases of violence, neglect, parental alienation, or when a parent systematically denigrates the other parent in front of the child. In such situations, it is possible to approach the court to request urgent measures, which may include warning the parent, prescribing psychological support, or, in more severe cases, modifying custody arrangements.

The Approach of Studio Legale Bianucci in Milan

The approach of Avv. Marco Bianucci, a family lawyer in Milan with extensive experience, is based on a deep understanding of family dynamics and the pursuit of concrete and lasting solutions. The firm's strategy favors, where possible, reaching consensual agreements, which reduce conflict and allow parents to independently define the best conditions for their children. However, when dialogue is not possible or positions are irreconcilable, the firm is prepared to undertake determined legal action to assert the mother's rights in court and, above all, the paramount interest of the children.

Frequently Asked Questions

What happens if the father does not pay child support?

Failure to pay child support is a serious breach of obligation. The first step is to send a formal notice of default. If non-payment persists, it is possible to initiate enforcement legal action, such as garnishing wages, bank accounts, or other assets. Furthermore, the omission of support payments can constitute a criminal offense.

Can I move to another city with my child after separation?

Relocating the child's residence to another city or region is an extraordinary decision that affects the other parent's right to visit the child. Therefore, it requires the consent of both parents. In case of disagreement, the decision rests with the court, which will assess whether the move is in the child's best interest, balancing the needs of the custodial parent with the child's right to maintain a continuous relationship with the other parent.

How are extraordinary expenses for children divided?

Generally, extraordinary expenses are divided 50/50 between parents, unless there is a significant income disparity justifying a different distribution. It is essential that the separation agreement or court ruling clearly specifies which expenses fall into this category (e.g., specialist medical visits, sports activities, language courses) and which require the prior agreement of both parents to be incurred.

What can I do if the other parent tries to turn our child against me?

This behavior, known as parental alienation, is considered seriously detrimental to the child's psychophysical well-being. It is crucial to gather evidence of such attitudes and consult a lawyer to request court intervention. The judge may order an expert technical assessment (CTU) to evaluate the situation and adopt measures to protect the relationship between the child and the alienated parent, such as psychological support programs for the family unit.

Request a Consultation for Your Case

Navigating the legal complexities of separation requires expert guidance and targeted support. If you are seeking a family lawyer in Milan for an in-depth consultation on your situation, to understand your options, and to best protect your children's future, you can contact Studio Legale Bianucci. Contact the firm at Via Alberto da Giussano, 26, to schedule a meeting and analyze your case with Avv. Marco Bianucci.