Parental Custody: Ensuring Children’s Welfare in Cases of Neglected Support

Father loses custody if he fails to support his children, according to the Milan Court. In cases where the father completely neglects his financial obligations, exclusive custody is granted to the mother. The court has the authority to override the rule of shared custody if it is determined to be detrimental to the child’s best interests. The primary concern is ensuring the well-being and welfare of the children involved.

The court’s decision takes into account the father’s unstable and drug-dependent situation, which necessitates swift action regarding the children’s lives. The Court of Cassation, aligning with previous legal precedents, supports the notion that shared custody can be set aside if it poses a risk to the child’s interests due to the non-compliance of the non-custodial parent. Therefore, in this particular case, exclusive custody in favor of the mother was deemed the most appropriate solution, as it allows for the children’s moral and material welfare to be safeguarded.

By granting exclusive custody to the mother, the court ensures that she, who has consistently demonstrated her dedication and strong parenting skills, can promptly assume the parental responsibilities required. This decision aims to prioritize the overall well-being of the minors involved, ensuring their needs are adequately met and providing them with a stable and nurturing environment.

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