The Management of Infant Custody

The birth of a child is an event that redefines the balance of a couple. When this moment coincides with a separation, complex doubts and concerns arise, particularly regarding the management of the relationship between the newborn and its parents. Understanding how custody and visitation rights are regulated for an infant is fundamental to ensuring their well-being and protecting the principle of co-parenting from the very first days of life. As a family lawyer in Milan, lawyer Marco Bianucci handles these delicate situations with the aim of protecting the child's best interests, building balanced solutions that respect the role of both parents.

The Regulatory Framework: Custody and Co-Parenting in the First Months of Life

Italian law places the child's exclusive moral and material interest at the center of every decision concerning children. This principle applies with particular attention when it comes to newborns, whose vulnerability requires extremely thoughtful solutions. The reference legislation, while not providing mathematical rules, offers clear guidelines that courts apply to create the most favorable conditions for the child's serene growth.

The Principle of Co-Parenting from Birth

The principle of co-parenting, established by Law 54/2006, affirms the child's right to maintain a continuous and balanced relationship with both parents, even in the event of separation. This right does not diminish but, on the contrary, assumes crucial importance in the first months of life. Although the infant's physiological needs, such as breastfeeding, may influence the modalities of contact, the bond with both parental figures must be promoted and protected from the outset, laying the foundation for healthy psycho-physical development.

Shared Custody and Its Practical Modalities

The general rule in our legal system is shared custody, which implies the joint exercise of parental responsibility. For a newborn, this does not translate into equal placement with alternating overnight stays, but into a shared parental project. The child is usually placed primarily with the mother, recognizing her primary caregiving role during this phase. However, this does not exclude the father, whose right and duty to visit must be guaranteed in ways that take into account the child's needs, such as frequent but short visits.

The Approach of the Bianucci Law Firm

Addressing the regulation of infant custody requires not only legal expertise but also deep sensitivity. The approach of lawyer Marco Bianucci, an expert in family law in Milan, focuses on building a tailor-made agreement that can evolve with the child's growth. The primary goal is to avoid conflict, favoring consensual solutions that prioritize the child's best interests. The firm works to define a progressive visitation schedule, starting with short and frequent meetings in the first months and then gradually expanding, including overnight stays when the child is older, always respecting their rhythms and needs.

Frequently Asked Questions

How is the father's visitation right for a newborn established?

Visitation rights are established by seeking a balance between the newborn's needs, often related to breastfeeding and a stable routine, and the father's right to build a strong bond. Generally, frequent, even daily, but short visits are planned, either at the mother's home or in places familiar to the child. The goal is to ensure a constant presence without disrupting the infant's equilibrium.

Can the father have the newborn for overnight stays?

In the very early stages of life (first 6-12 months), jurisprudence tends to exclude overnight stays with the father, especially in cases of breastfeeding, to avoid disrupting the child's routine. However, there is no absolute prohibition. As the child grows and is gradually weaned, the duration of stays lengthens to gradually include overnight stays, in the spirit of full co-parenting.

Can breastfeeding limit the father's visitation rights?

Breastfeeding is an important factor that influences the modalities but can never nullify or excessively limit visitation rights. Visits are organized to be compatible with feeding times. The mother has a duty to cooperate to facilitate meetings, for example by expressing milk, to allow the father to spend time alone with the child, if conditions permit.

What happens if the parents cannot reach an agreement?

If a consensual agreement cannot be reached, the Court will decide on the modalities of custody and visitation. The judge, if necessary with the help of a technical-scientific consultancy (CTU) by a psychologist, will establish the regime most suitable for protecting the newborn's well-being, based exclusively on their best interests and not on the claims of individual parents.

Contacts for a Consultation in Milan

Managing parental relationships after a separation, especially with a young infant, is a matter that requires careful and personalized analysis. Every family unit has its specificities, and there are no standard solutions applicable to all. If you are facing this situation and wish to understand how best to protect your role as a parent and your child's well-being, you can contact the Bianucci Law Firm at via Alberto da Giussano, 26 in Milan. A family law expert is available to provide you with the necessary support and outline the most appropriate strategy for your specific case.