Exclusive custody – divorce – Italy


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It is possible to order Exclusive custody of minor children For the mother or father of the judge only with the existence of specific reasons.

In the case of exclusive custody, both parents retain parental responsibility for the children, but that responsibility is largely exercised by the custodial parent, whether mother or father.

This type of custody can also apply to cases of children of unmarried parents.

Decisions of greatest importance – related to education, education and children’s health – will be made jointly by the parents.

This circumstance changes in the case of so-called exclusive custody.

Requirements for an exclusive custody application

The decision on exclusive custody is made taking into account the best interest of the child, as well as his will, if he is of sufficient age to express his opinion fully.

To request exclusive custody, some basic conditions must be met:

  • Joint custody can be harmful to children;

  • one of the parents shows the impossibility or inability to devote himself to the children;

  • A parent shows a complete lack of moral or material interest in the children;

  • the minor, if he is of an age capable of discernment, is not related to one of the parents for justifiable reasons leading him to prefer staying with the other parent;

  • One of the parents is guilty of violent incidents against the children or the other parent;

  • parental alienation;

  • Kidnapping of the child, which leads to the inability of the other parent to exercise his or her parental rights and duties.

In some cases, for prevention child abduction internationally, A request to prevent the travel of a minor can be made through a Precautionary application.

Situations that do not result in or justify exclusive custody:

  • same-sex relationship between one of the parents;

  • choosing to convert to a religion other than Catholicism;

  • detention of a parent pending conviction;

  • The existence of a large geographical distance between the parents’ homes;

  • moving one of the parents to another city;

  • When a parent frequently attributes children to grandparents;

How to request exclusive custody of children?

To request exclusive custody of a child, it is necessary to submit a specific request to a judge at any time, even if the judge has already decided to proceed with that request. Joint custody of children.

Evaluation is always within the jurisdiction of the court, and if it considers that such a solution is in the best interest of the child, the application will be accepted.

Since exclusive custody is a residual option, the court’s decision must adequately justify the reasons behind choosing this form of custody.

The reasoning for the decision should include the criteria for which one parent is considered suitable for custody, but also the “negative motivation”, i.e. explanations of why the other parent was deemed unable to care for the child.

Consequences of exclusive custody

Exclusive custody entails a series of obligations on the parent to whom custody of the child is granted.

This exclusive status does not deprive the other parent of the right to visitation, which will be regulated accordingly, and the right to participate in important decisions concerning the child.

It may also happen that the non-custodial parent’s rights may be denied or restricted by a judge because of the parent’s behaviour, or there may be a need to create a ‘neutral’ site for visits, ensuring that such encounters only occur with the presence of third parties.

Exclusive/highly enhanced protection

The exclusive nursery subspecies is highly exclusive nursery.

Super exclusive nursery It is taken into account in exceptional cases, when one of the parents is deemed unsuitable for the role he is to play, due to inability or lack of interest (material or moral).

Super exclusive nursery It differs from exclusive custody because only one parent makes decisions about the children, although it does not completely deprive the non-custodial parent of parental responsibility.

The content of this article is intended to provide a general guide to the subject. It is advised to take the advice of specialists in such circumstances.

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