The end of a cohabitation with children

The end of a cohabiting relationship is a complex moment, especially when there are children. Many unmarried parents wonder about their rights and duties and how to ensure maximum serenity for their children. It is crucial to understand that, under Italian law, the protection of children is an absolute priority, regardless of the parents' marital status. In these circumstances, the assistance of a family lawyer in Milan is crucial to navigate legal procedures and ensure that every decision is made in the preeminent interest of the minors. The goal is not to manage a 'breakup', but to reorganize family dynamics into a new form, protecting parental bonds and the well-being of children.

The legal framework: custody and maintenance of children born outside of marriage

Italian law has long since overcome any distinction between children born inside or outside of marriage. The core principle is the unity of the child's status, which guarantees all minors the exact same rights and protections. When a de facto couple with children separates, it is necessary to regulate certain fundamental aspects through proceedings before the Ordinary Court. The central issues to be defined are custody, placement, visitation rights, and maintenance.

Custody and placement

The general rule in our legal system is shared custody. This means that both parents retain parental responsibility and share the most important decisions regarding the children's education, health, and upbringing. Sole custody to one parent is an exceptional hypothesis, ordered by the judge only if the other parent proves inadequate for their role. In parallel, placement is established, which is the child's habitual residence with one of the two parents. The non-custodial parent is granted extensive visitation rights, with defined times and methods of contact to preserve a continuous and balanced relationship.

Child maintenance

Both parents have a duty to contribute to the maintenance of their children in proportion to their economic and professional capacities. The contribution is divided into two forms: a periodic maintenance allowance, paid by the non-custodial parent, and the coverage of so-called extraordinary expenses (medical, school, sports, recreational), which are usually split 50% or according to different agreements. The calculation of the allowance does not follow fixed tables but considers various factors: the child's needs, the standard of living enjoyed during cohabitation, the time spent with each parent, and the economic resources of both.

The approach of Studio Legale Bianucci

Facing the separation of a de facto couple requires not only legal expertise but also profound sensitivity. The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on the protection of the preeminent interest of the minor as the guiding principle for every action. The firm's strategy always favors reaching a consensual agreement between the parents. A shared understanding, in fact, reduces conflict, shortens the duration of proceedings, and lays the foundation for more serene and collaborative parenting in the future. If an agreement cannot be reached, the firm assists the client with determination in the judicial process, ensuring that the rights of the parent and, above all, the child are fully protected before the judge.

Frequently Asked Questions

How is child custody decided if we are not married?

The procedure is identical to that for married couples. Custody is decided by the Ordinary Court, which applies the principle of shared custody as the main rule. The judge will assess the capacity of both parents to care for the child, their relationship with the child, and the child's wishes if they are over 12 years old or capable of discernment. The objective is always to guarantee the child's right to dual-parenting.

How much is the child maintenance allowance for a child of a de facto couple?

There is no fixed amount. The judge determines the amount of the allowance based on various elements: the child's actual needs (age, health, education), the standard of living they had during cohabitation, the economic resources of both parents, and the time the child spends with each of them. It is a personalized assessment on a case-by-case basis.

What happens to the family home after the separation of an unmarried couple?

The right to live in the family home is usually granted to the custodial parent, i.e., the one with whom the children will primarily live. This decision is made regardless of who owns the property, as the aim is to protect the minors' domestic habitat and ensure their stability.

Is it necessary to go to court to separate as cohabiting partners with children?

Yes, when there are minor children (or adult children who are not self-sufficient), the intervention of the Court is always necessary to formalize and enforce agreements on custody and maintenance. Even if the parents are in perfect agreement, the conditions must be submitted for the judge's review, who verifies their compliance with the children's best interests before approving them.

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The end of a cohabitation is a delicate path that requires thoughtful decisions for your children's future. Fully understanding your rights and duties is the first step towards a conscious and constructive management of the separation. To receive a detailed analysis of your situation and define the most appropriate legal strategy, contact Studio Legale Bianucci in Milan. Lawyer Marco Bianucci and his team are at your disposal to provide you with the necessary assistance to protect what matters most.