The Principle of Joint Parenthood and Legal Exceptions

When a couple with children decides to separate, our legal system places the moral and material interests of the offspring at the center of protection. The general rule, established by Article 337 ter of the Civil Code, is shared custody, which guarantees the minor the right to maintain a balanced and continuous relationship with both parents. However, there are delicate and complex situations where this solution is not feasible because it would be detrimental to the child's psychophysical well-being. It is in this context that the institution of sole custody is introduced. As a family lawyer in Milan, Avv. Marco Bianucci daily observes how many mothers find themselves having to manage situations where the paternal figure is absent, violent, or manifestly inadequate, making decisive legal intervention necessary to protect minors.

Sole custody awarded to the mother is not an automatic concession but an exceptional measure that the judge adopts only in the presence of serious reasons. The law requires rigorous proof that shared custody is contrary to the minor's best interests. Among the most frequent causes justifying such a request are witnessed or direct domestic violence (physical or psychological), untreated drug addiction or alcoholism, the father's unavailability, or his total disinterest in the children's emotional and financial needs. In extreme cases, one can also speak of super-exclusive custody, where the most important decisions for the child's life are made by the custodial parent without the need to consult the other.

The Bianucci Law Firm's Approach in Custody Cases

Handling a case for sole custody requires not only technical expertise but also profound human and strategic sensitivity. The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, is based on a meticulous analysis of the past and present family situation. The firm's primary objective is to gather solid and documented evidence demonstrating the other party's parental unsuitability, always placing the child's well-being above any personal claims between the spouses.

The Bianucci Law Firm operates at via Alberto da Giussano 26 in Milan with a methodology that prioritizes clarity and client protection. When a mother approaches the firm fearing for her children's serenity due to an inadequate father, a defense strategy is activated that can also involve the support of technical consultants and child psychologists, if necessary. As a family lawyer, Avv. Bianucci knows well that every detail counts: from unanswered messages to unjustified absences, to aggressive behavior. The defense is constructed to highlight to the Court how sole custody is the only way to ensure the minor a serene upbringing, minimizing exposure to parental conflict.

Frequently Asked Questions

What are the serious reasons to request sole custody?

The judge can order sole custody when the non-custodial parent shows a serious deficiency in educational or emotional capabilities. The most common reasons include physical or verbal violence, drug or alcohol abuse, a criminal conviction for serious offenses, or total disinterest in the minor, which manifests as prolonged absence and failure to pay child support. It is crucial to document these circumstances precisely.

If I obtain sole custody, does the father still have to pay child support?

Absolutely yes. Sole custody affects parental responsibility and decision-making power but does not eliminate the duty to contribute financially to the child's needs. The non-custodial parent remains obligated to pay the child support amount established by the judge, proportionate to their income and the offspring's needs, regardless of the time spent with the children.

Can the father see the children if there is sole custody with the mother?

Yes, as a rule, visitation rights are maintained even in cases of sole custody, to preserve the biological and emotional bond, unless the meetings pose a danger to the minor's psychophysical safety. In situations of risk, the judge may order that meetings take place in a protected manner, i.e., in the presence of social workers or educators in neutral spaces, to ensure the child's safety.

What is meant by super-exclusive custody?

Super-exclusive custody, or reinforced custody, is a more incisive form of sole custody. While in sole custody, decisions of major interest (health, education, residence) must be made by mutual agreement, in the super-exclusive regime, the custodial parent has the power to independently make even these crucial decisions. This measure is applied in cases of very serious parental inadequacy or total unavailability of the other parent.

Request an Evaluation of Your Case in Milan

If you find yourself in a complex family situation and believe that shared custody could harm your children, it is essential to act promptly and with legal awareness. Avv. Marco Bianucci, an expert family lawyer, is available to analyze the prerequisites for a request for sole custody. Contact the Bianucci Law Firm to schedule an appointment at the Milan office at via Alberto da Giussano, 26. Together, we will evaluate the best course of action to protect your children's future and serenity.