The management of the newborn's overnight stays

The separation of parents introduces a series of complex questions, especially when it involves a baby of a few months. One of the most delicate and keenly felt questions concerns the possibility for the newborn to stay overnight with the non-custodial parent, usually the father. Understanding how to approach this phase is fundamental to ensuring the minor's well-being, while at the same time protecting the right of both parents to build and maintain a strong emotional bond. As a family lawyer in Milan, lawyer Marco Bianucci deals with these situations daily, guiding parents towards balanced solutions that always prioritize the child's best interest.

The regulatory framework: the child's best interest as a guiding principle

In Italy, there is no law establishing a minimum age for a child to stay overnight with the non-custodial parent. The criterion that guides every court decision is, in fact, the child's best interest. This principle requires a case-by-case assessment, taking into account the child's specific needs, age, habits, and the quality of their bond with both parents. Established jurisprudence tends to favor gradual approaches, aimed at not disturbing the psychophysical balance of the newborn, who is closely linked to the primary caregiver, who in the first months of life is often the mother, also for breastfeeding purposes. The goal is not to deny overnight stays, but to introduce them at the right time and in the most appropriate way for the child's development.

The approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on the search for shared and progressive solutions. The goal is to build a visitation schedule that evolves with the child, moving from frequent, short daytime visits in the very first months to longer periods, gradually including overnight stays, when the child has developed a stable routine and a trusting relationship with both parents. This strategy, often supported by psychological counseling, aims to preserve shared parenting without causing trauma or stress to the minor. The firm is committed to transforming a potential conflict into a constructive agreement, defining a path of serene growth for the child and for the parents themselves, even if separated.

Frequently Asked Questions

Is there a law that prohibits newborns from staying overnight with their father?

No, there is no specific regulation that prohibits it. The decision is based exclusively on the assessment of the child's best interest. The judge will evaluate the concrete situation, considering factors such as the child's age, breastfeeding, lifestyle habits, and the parent's ability to care for the child independently during the night.

From what age can a child start staying overnight away from home?

There is no predetermined age that applies to everyone. Generally, overnight stays tend to be introduced gradually after the first few months, often around the first or second year of life, when the child has more consolidated sleep-wake patterns and a secure attachment bond with both parental figures. The key is gradual introduction and observation of the child's reactions.

What is meant by progressive visitation arrangements?

It means establishing a visitation schedule that adapts to the child's development. One can start with short, frequent visits in the mother's presence, then move to longer visits with the father during the day, eventually including meals, afternoon naps, and finally, overnight stays, ensuring a gentle and non-traumatic transition.

Can the judge request an expert technical assessment (CTU)?

Yes, in cases of high conflict or when there are doubts about parental capacity or the child's well-being, the judge may order a CTU. A psychologist or child neuropsychiatrist is appointed to assess the relationship between the child and the parents to provide the judge with the technical information needed to make the most appropriate decision for the minor.

Contacting a family law expert

Addressing issues related to newborn custody requires legal expertise, sensitivity, and a strategic vision focused on dialogue. A legal process managed professionally can prevent future conflicts and lay the groundwork for serene and collaborative parenting. To analyze your specific situation and understand the most appropriate solutions to protect your child, contact the Bianucci Law Firm in Milan for a consultation. Lawyer Marco Bianucci will provide a clear opinion and personalized assistance to manage this delicate phase of your life.