Can the Betrayed Spouse Obtain Sole Custody of the Child in Case of Infidelity?

In situations where one spouse discovers marital infidelity, questions about child custody often arise. The legal landscape surrounding this issue is complex and depends on several factors that influence custody decisions during divorce or separation proceedings. Infidelity can have profound implications in family law, particularly concerning child custody. When a spouse commits adultery, it may […]

What to Do if a Child Refuses to Stay with a Parent?

When minor children of separated parents refuse to visit one of them, it raises complex legal and emotional issues. Court orders typically establish custody arrangements, often favoring joint custody to ensure children maintain relationships with both parents. Despite these arrangements, children may refuse visits with the non-residential parent due to emotional strain from the separation […]

Can a Non-Resident Parent Have Joint Custody?

Can a non-resident parent who does not live in Italy have the right to joint custody of their children, or should exclusive custody be applied? When parents separate, arrangements must be made for the custody of minor children. According to the law, the offspring should continue to have contact with both parents, taking into account […]

Can an Aggressive Father Be Granted Child Custody?

The manifestation of aggression towards the child’s mother doesn’t always prevent the possibility of recognizing paternity and obtaining joint custody. When parents of a child separate, it’s customary for them to share joint custody, which implies equal rights, responsibilities, and decision-making powers. However, how much can a violent history towards an ex-partner affect the judge’s […]

Children heard in separation proceedings

In separation proceedings, children can be heard by the judge if they are 12 years old or older, or if they are considered “capable of discernment.” The hearing is conducted in a private and age-appropriate setting, ensuring calmness and confidentiality. Parents undergoing a separation procedure often worry about how their children will be involved. They […]