Child Proceedings Lawyers in Italy

In the event of divorce or judicial separation the decision on how custodial duties in Italy are allocated is made by the court in the manner deemed most appropriate and in the best interests of the child. Articles of the Civil Code regulate child custody. After separation or divorce, the minor has the right to maintain a continuous relationship to each parent and to receive schooling, education, care etc. from both parents

During both the judicial separation and the divorce proceedings, the judge will determine which spouse will have custody of the children, if any, and establish the type and amount of support the other spouse will provide. Italian law provides three types of child custody in Italy:

Exclusive Custody 

This type of custody grants custody to one parent only, who has the right to decide on all matters relating to the child's daily life, to exercise full parental responsibilities (unless a judge makes other provisions); the non-custodial parent has limited responsibilities;

Joint custody 

Allows both parents share custody and parental responsibilities, even though the child may live with one of the parents.  Major decisions relating all aspects of the child are shared, such as education, religious belief and medical treatment

Alternating custody

Custody of the child is granted to each parent for a defined period of time. Each parent has the right to exercise exclusively his/her parental responsibilities for that period time where custody of the child is granted to them.

At any time after the separation, the parents may request a review of the conditions on which the separation was granted, especially in regard to the exercise of parental authority, amount and type of child support. Spousal support may also be sought if the spouse seeking support was not at fault for the separation and has no means or insufficient means for his or her support.

Children must be maintained until they become financially independent. there is no definitative age limit for financial independence, usually the standard test applied by the Italian Family Courts is when the child reaches the age of 26 years to take into account university studies. The average child support is equivalent to 25% of the annual income per child

The key factors that courts consider when awarding child custody to parents are as follows:

•  the minor's mental and physical health, age, and gender.
•  the parents' physical and mental health.
•  the parents' lifestyle and whether there is a history of child abuse;
•  If the child is over the age of 12 years, their preference is taken into account
•  the parents' ability to provide for the child;
•  the emotional bond between the child and the parents.

The matrimonial home is allocated to the custodial parent during the duration of the period of custody until they become independent. If rhe non-custodial parent purchased the matrimonial home, full ownership of the family home will be transferred to the original owner as soon as the children become independent. Alternatively, if the matrimonial home is jointly owned after the children become independent, it is normally sold and the proceeds shared between the spouses.

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