The children stay exclusively with the mother if the father is absent
The Trapani court has ruled that a parent who consistently fails to fulfill their obligations of care and support, both moral and material, towards their children will be excluded from custody.
The court has also awarded exclusive custody of the children to the mother in a recent case.
In this case, the mother requested separation from her husband and exclusive custody of their twin daughters, citing the husband’s prolonged absences from home and his total disinterest in their children, culminating in his failure to formally recognize the twins as his own.
The court found in favor of the mother, citing recent changes to Italian law that prioritize shared custody as the norm, with sole custody reserved for exceptional circumstances. The court further explained that shared custody requires both parents to assume responsibility for their children’s care and education, which can only be waived when it is deemed contrary to the child’s best interests.
The court applied these principles to the case at hand, finding that the father’s total disinterest in his daughters, his failure to recognize them, and his neglect of his parental duties constituted a clear example of behavior justifying the exclusion of shared custody.
The court also referenced previous rulings by the Italian Supreme Court, which held that a failure to provide for children’s maintenance and a lack of regular contact were highly indicative of a parent’s unsuitability for shared custody. In such cases, a situation contrary to the child’s best interests is created, which precludes shared custody.
Therefore, the court awarded exclusive custody of the children to the mother, who will have sole responsibility for making decisions regarding their upbringing, taking into account their capabilities, natural inclinations, and aspirations. This form of custody is known as “super-exclusive custody,” as it grants the custodial parent complete control over all aspects of the children’s lives.
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