Italian Family lawyers | divorce lawyer | custody of the children
There are always misunderstandings in considerate the discipline of joint custody, to understand we must be very careful and do not think it as a provision to protect and safeguard interests even if caring, parents, or rather to interpret it as a movement, which occurred as a result hotly debated jurisprudential and doctrinal interests of children, to a resolution of joint custody.
To understand, if before the reform there was in itself a most appropriate parent to get custody of a child (even though the vast majority of cases ended up being the mother), after the entry into force of Law no. 54/2006 there is a presumption about the suitability of both parents to continue in their duties as a parent "full time." With the release of the new Article 155 cc to consider, as, if there is evidence or circumstances that hinder joint custody (or shared custody), taking into account a series of prognostic data that have already been previously shown by the case law of legitimacy, such as the skills loving relationship, and availability in a continuous relationship, patterns of life and the environment that is able to offer the child.
The mode can be unlocked through joint custody (or shared custody) and that are basically two:
1) the reliance on alternating residence, which is the lower changes in alternating periods of cohabitation at the residence of the one and the other parent or are the respective parents to alternate in the house where the children live permanently
2) reliance on the privileged residence, which provides that the child stays more than everybody else in the home of spouse consider most appropriate.
In the decision will undoubtedly be taken in analyzing the child's interest to prolong his living environment and in the home where he lived before vanishing affective union of parents and this understandably to minimize the trauma resulting from the separation . The new regulation also does not specify the rules outlined reliance joint, fully expresses a principle of vital importance: that of the "bi-parenting" and its joint exercise of parental authority.
The power belongs to both parents while in the past belonged only to the parent who had custody of the children. The right/obligation to maintain, educate, their children is up to both parents who can easily apply the decisions deemed most appropriate for the child during the period in which the latter living with the parent. This suggests that in the period in which the child lives with one parent, the latter will apply all the conclusions of "business as usual", but for all those conclusions will be of greater importance due to the intervention of both parents.
The legitimate expectation that undoubtedly exerts a kind of cooperation between the parents and a sense of responsibility that too often turns out to be incomplete in practice. In reality there is a continuous and relentless condition of hostility between the parents do not allow to apply the daily choices easier and interest in the child or even worse, those of greater importance, with the danger of excessively affect the psychological sphere of the child and to prevent the activities of the courts, through frequent appeals to the Judge, directed at resolving conflict and controversy every tiny parents.