Avv. Marco Bianucci
Avv. Marco Bianucci

Matrimonial Lawyer

Discovering that one's ex-partner has left a young child alone at home understandably generates profound distress and strong concern for the child's safety. This situation not only represents serious parental negligence but constitutes a genuine crime under Italian law. As a lawyer specializing in family law in Milan, Avv. Marco Bianucci fully understands the urgency of intervening to ensure the minor's safety and restore an adequate and protected environment for their upbringing.

The Crime of Child Abandonment and its Consequences on Custody

Our penal code severely punishes anyone who abandons a person under the age of fourteen for whom they have custody or care. Leaving a young child unattended within the home, even for a brief period, constitutes the crime of child abandonment. The law presumes that a child, due to their tender age, is unable to provide for themselves in case of need and is consequently exposed to serious dangers for their physical and psychological safety.

In addition to strictly criminal aspects, such conduct has immediate and disruptive repercussions on the child's custody and placement dynamics. The civil judge, faced with such a serious and documented fact, can adopt urgent measures to modify the conditions established during separation or divorce proceedings. This can result in the revocation of shared custody in favor of sole custody awarded to the parent deemed suitable, in order to ensure maximum protection of the child's well-being and stability.

The Bianucci Law Firm's Approach to Child Protection

In the face of episodes of abandonment or severe neglect, prompt intervention is crucial. The approach of Avv. Marco Bianucci, a lawyer specializing in family law in Milan, focuses on the rapid assessment of available evidence and the definition of the most effective legal strategy to protect the minor. The Bianucci Law Firm acts by carefully evaluating the specific case, petitioning the competent Court to request an urgent review of custody conditions and to protect the child's safety in all necessary forums.

Every legal step is carefully considered, always prioritizing the child's best interests. Avv. Marco Bianucci guides the parent through this extremely delicate process with professionalism and methodological rigor, ensuring that every action taken is aimed at re-establishing a safe, serene, and danger-free living environment for the child.

Frequently Asked Questions

At what age can a child be left home alone?

Italian law, through Article 591 of the penal code, sets the age of fourteen as the threshold below which there is a presumption of inability to provide for oneself. Leaving a minor under fourteen alone therefore constitutes the crime of abandoning a minor. Even for young people slightly older, it is always incumbent upon the parent to assess the degree of maturity and the young person's actual ability to manage potential emergencies independently.

What should I do if I find out my ex is leaving our child unattended?

The absolute priority is always the child's immediate safety. If there is a well-founded fear of imminent danger, it is imperative to promptly alert law enforcement to intervene. Subsequently, it is essential to gather evidence proving the negligent conduct and to contact a legal professional without delay to initiate urgent procedures aimed at protecting the minor and modifying the existing custody arrangements.

Can I request sole custody for this reason?

Yes, abandonment or severe negligence in a child's care are valid and well-founded reasons to request the judge to modify the current conditions. Demonstrating that the other parent exposes the child to concrete dangers by failing to fulfill their duty of care fully justifies the request for sole custody, so that major decisions and daily protection are entrusted to the parent capable of ensuring a safe home environment.

Immediately Protect Your Child: Contact the Bianucci Law Firm

When a child's safety and well-being are at stake, there is no room for hesitation or compromise. If you find yourself facing a situation where your ex-partner is not ensuring adequate and constant care for the child, it is essential to act decisively and with the support of solid and competent legal guidance.

Contact Avv. Marco Bianucci at the Milan office to schedule an in-depth consultation. Together, you will carefully assess the specific situation to undertake the most appropriate legal actions, with the sole and fundamental objective of protecting the minor and ensuring the serene and secure future they deserve.