The Protection of the Father-Child Bond

The end of a marriage or cohabitation represents a moment of profound transformation, especially for a father who fears his role in his children's lives will be compromised. This is a legitimate and widespread concern, which Italian law addresses with a cornerstone principle: parental co-responsibility. This right, belonging to the minor before even the parents, establishes the need to maintain a balanced and continuous relationship with both parental figures. In this context, understanding the legal tools available is the first step to protecting this fundamental bond. As a family lawyer in Milan, lawyer Marco Bianucci assists separated fathers to ensure their rights and duties are fully respected, always in the primary interest of the children.

The Regulatory Framework: Joint Custody and Visitation Rights

The rule in our legal system is joint custody, according to which decisions of major importance for the children's lives (related to education, health, and upbringing) must be made by mutual agreement by both parents. This does not mean that the minor will spend exactly half the time with each parent, but that both retain full parental responsibility. The judge establishes, based on the child's needs, which parent the child will predominantly reside with and defines the times and modalities of visitation for the non-custodial parent. These arrangements are not immutable: they can be modified if the children's needs or the parents' conditions change, always ensuring maximum adherence to the minor's well-being.

Key Aspects of Protection

The protection of the paternal role is realized in various areas. Defining a clear and detailed visitation schedule is essential to prevent misunderstandings and ensure a constant and predictable presence. Equally important is active participation in fundamental choices, such as selecting a school or making medical decisions. Finally, the management of extraordinary expenses, meaning those not included in the ordinary maintenance allowance, requires prior agreement between the parents and an equitable division, usually 50%, unless otherwise specified. Failure to consult or unjustified refusal to contribute can become a cause for conflict and require legal intervention to resolve.

The Approach of the Bianucci Law Firm in Milan

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on seeking concrete and sustainable solutions that focus on the children's well-being. The primary objective is to foster consensual agreements, where parents, guided by clear legal advice, manage to define a shared and responsible parental project. This not only reduces conflict but also lays the foundation for more serene future collaboration. Should dialogue not be possible or the father's rights be hindered, the Bianucci Law Firm intervenes firmly, using all necessary judicial tools to enforce court orders and protect the parent-child bond from any attempt at compromise.

Frequently Asked Questions

How are visitation times established for a separated father?

Visitation times are established primarily considering the age and needs of the children, such as school commitments and extracurricular activities, and compatibly with the parents' work schedules. If the parents reach an agreement, it can be approved by the court. In case of disagreement, it is the judge who decides, defining a schedule that may include alternating weekends, one or more weekdays, and a division of holidays and summer vacations, in order to ensure the child a continuous relationship with both.

What happens if the mother obstructs meetings with the children?

Obstructing the father's visitation rights constitutes serious misconduct, contrary to the minor's best interest. The parent who experiences such conduct can take legal action. The first step is usually a formal warning. If the behavior persists, it is possible to appeal to the court to request a reprimand of the non-compliant parent, a modification of the custody conditions, or, in more serious cases, a financial penalty. The goal is to immediately restore the regularity of meetings.

Who pays for extraordinary expenses for the children?

Extraordinary expenses, such as medical, educational, or sports costs not covered by the maintenance allowance, are generally divided 50% between the parents, unless there are different agreements or court orders based on income disparity. It is essential that these expenses are agreed upon in advance by both parents, unless they are urgent and necessary expenses. Lack of prior agreement on a non-urgent expense may lead to refusal to reimburse the share.

Can I decide on my child's school or health?

Absolutely yes. Under joint custody, which is the norm, decisions of major interest for the children, such as the choice of educational path, important medical treatments, or religious upbringing, must be made jointly by both parents. One parent cannot impose their will on the other. In case of an unresolvable disagreement, the matter can be brought before the judge, who will decide in the exclusive interest of the minor.

Contact the Firm for an Assessment of Your Case

Every family situation is unique and deserves a thorough and personalized analysis. If you are going through a separation and wish to protect your role as a father, it is crucial to act with awareness and strategy. Lawyer Marco Bianucci offers legal advice in Milan to help fathers understand their rights and define the best path to ensure a serene and continuous relationship with their children. Contact the Bianucci Law Firm at Via Alberto da Giussano, 26, to schedule a meeting and receive qualified legal advice.