Facing a separation when there are minor children is one of the most complex challenges in a parent's life, and fathers often experience this moment with the concrete fear of being marginalized or seeing their role reduced to mere financial support. It is common to think that the law or practice tends to favor the maternal figure, leaving fathers with limited and marginal spaces in their children's daily lives. However, current Italian legislation places the child's right to maintain a balanced and continuous relationship with both parents at the center. As a family lawyer in Milan, Avv. Marco Bianucci deeply understands these concerns and works daily to ensure that the principle of co-parenting remains not just a theory, but translates into the father's effective and significant presence in his children's lives.

The Principle of Co-Parenting and Shared Custody

The cornerstone of modern family law in Italy is represented by Law 54/2006, which introduced the institution of shared custody as a primary and preferential rule. This means that, except in exceptional cases where one parent is manifestly unfit or dangerous for the minor, parental responsibility must be exercised by both. The aim of the law is to ensure the child's constant presence of both parental figures, regardless of the end of the couple's relationship. Therefore, there is no legal presumption of maternal superiority over paternal. The judge is required to prioritize the possibility of minor children remaining in the custody of both parents, establishing times and modalities of presence that allow the father to actively participate in the education, upbringing, and care of the offspring. It is fundamental to understand that visitation rights are not a concession, but an essential right-duty for the healthy psychophysical development of the child.

The Approach of the Bianucci Law Firm in Protecting Fathers

The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, is distinguished by the ability to build personalized defense strategies aimed at the concrete protection of the paternal role. This is not about fueling sterile conflicts with the other parent, which often negatively impact the children, but about structuring solid agreements or judicial defenses that enhance the father's parental skills. The Bianucci Law Firm works to obtain extensive and flexible visitation schedules, which are not limited to the conventional alternating weekends, but include weekday overnights and active participation in the children's school and recreational life. Furthermore, great attention is paid to economic aspects: the maintenance allowance must be fair and proportionate to the actual earning capacity and the time the children spend with each parent. The goal is to transform family crisis into a new balance where the father can fully exercise his prerogatives, feeling protected and represented with competence and firmness.

Frequently Asked Questions

Is there a law that favors mothers in child custody?

No, Italian law does not provide for any automatic advantage for mothers. The cornerstone principle is the superior interest of the minor, which is realized through shared custody and the right to co-parenting. Both parents have equal rights and duties. Although historically the predominant placement was often with the mother, today courts are increasingly attentive to evaluating parenting plans that ensure significant time spent with the father as well.

What is joint custody and when can it be obtained?

Joint custody means that children spend substantially equal time with both parents, alternating between the two homes. This solution is feasible when certain conditions are met, such as geographical proximity between the parents' homes, good communication between ex-partners, and the adequate age of the minors. A family law expert can assess whether the conditions exist in your specific case to request this management method.

What can I do if the other parent obstructs my visitation rights?

If the other parent systematically prevents or obstructs meetings with the children established by the judge or by separation agreements, legal intervention is necessary. It is possible to request the Court to admonish the non-compliant parent and, in more serious cases, to modify the custody conditions or seek damages. It is essential to document the incidents and act promptly to protect the continuity of the relationship with the children.

Does the father always have to pay child support?

This is not an absolute rule, but depends on the economic disparity between the parents and the time the children spend with them. Child support is intended to ensure that children enjoy the same standard of living they had while living together. If the parents' incomes are similar and the care time is equal (alternating custody), direct maintenance without periodic payments may be foreseen, where each parent covers ordinary expenses when they have the children with them, and extraordinary expenses are divided.

Request a Legal Consultation in Milan

If you are facing a separation and are concerned about your future relationship with your children, it is essential to act with awareness and with the support of a qualified professional. Avv. Marco Bianucci is available at his Milan office at Via Alberto da Giussano, 26, to analyze your specific situation and define the best strategy to protect your rights as a father. Contact Avv. Marco Bianucci for an assessment of your case and to build together a path that ensures serenity for you and your children.