Exclusive custody in Italy
In situations of separation or divorce, the well-being of the children becomes the main concern of the parents. Exclusive custody represents a crucial choice, which allows only one parent to have exclusivity on the care and decisions concerning the child, especially when the other parent cannot ensure presence or stability.
Boschetti Studio Legale, an international law firm based in Italy, is specialised in assistance on cases of exclusive custody, particularly when it concerns families with international or multi-jurisdictional situations, where legal aspects can become further complicated.
Our team of experts in international family and inheritance law is here to help you to understand the complexity of the legal system, supporting you in all phases to obtain an exclusive custody that respects and protects the rights and the future of your children.
How to obtain exclusive custody
Obtaining exclusive custody implies an official request to the court, with the objective of demonstrating that the interest of the minor is best protected by entrusting them to only one parent.
In Italy, the judicial system generally favours joint custody, but there are situations in which exclusive custody becomes the safest and most protective choice for the child.
If you are seeking a lawyer to obtain exclusive custody, our Studio Legale will assist you in gathering all the evidence and testimonies necessary to demonstrate that the other parent cannot ensure a positive or safe presence in the life of the minor. The procedure may require:
- Documentation that demonstrates irregular or absent participation of the non-custodial parent, such as frequent travel abroad or lack of stable contacts.
- Testimonies of third parties, such as educators, who can confirm the negative or destabilising impact of co-custody.
- Reports by experts who attest to any risks linked to shared custody, such as emotional instability or prejudicial conduct of the other parent.
Exclusive custody: when it can be requested
Exclusive custody is not a decision to be taken lightly.
In Italy, it is granted only when there is concrete evidence demonstrating how the other parent is unable to take care of the minor in a safe or stable way.
Even foreign citizens residing in Italy, or a person residing abroad, can request exclusive custody, finding in Boschetti Studio Legale specialised support to address these procedures, sometimes made more complex by the presence of international regulations or different countries.
Typical situations that justify a request for exclusive custody include:
- Prolonged absence or abandonment: When one of the parents is absent from the child’s life, for personal or professional reasons, such as transfer abroad.
- Prejudicial personal conditions: Addictions, psychiatric illnesses or other problems that prevent the parent from ensuring a safe and stable environment.
- Violence or abusive conduct: Situations of domestic violence or aggressive conduct that represent a danger for the minor.
- Refusal or inability to collaborate: Cases in which the parent opposes or is unable to take joint decisions in respect of the interest of the child.
The assignment of exclusive custody does not occur automatically and is complex to obtain, even when one believes to have the necessary requirements. The judge, in fact, proceeds with in-depth verifications and avails themselves of the opinion of technical consultants or of the Servizi Sociali to arrive at a decision.
Furthermore, it is important to remember that the parents cannot autonomously establish exclusive custody: this choice belongs exclusively to the judge and cannot be the object of an agreement between the parties.
It must also be kept in mind that exclusive custody can arouse in the excluded parent feelings of frustration, even if the legal repercussions of such measure are often less serious than imagined. However, the custodial parent finds themselves in fact playing a preponderant role in the child’s life, relegating the other parent to second place.
It is well to underline that exclusive custody does not deprive the excluded parent of the possibility of having contacts with the child, since it does not preclude the visitation and the time spent together; quite different instead in case of “super exclusive” or “reinforced” custody, which implies the total exclusion of the non-custodial parent from every decision relating to the child, situation that occurs also in the case in which a parent loses parental responsibility.
Exclusive custody to the mother: prerequisites and consequences
Exclusive custody to the mother is a frequent situation, especially in cases in which the father is not present in the child’s life or is unable to ensure a responsible presence. Exclusive custody to the mother allows ensuring the minor a stable and present figure of reference, while however maintaining the economic and support rights from the other parent.
Requesting and obtaining exclusive custody implies for the mother:
- Total responsibility in the decisions concerning the minor, from education to health.
- A housing and affective continuity for the child, who can develop in a safe environment free from conflicts.
- The obligation of the other parent to economically provide for the child, even without the right of decision.
However, the mother can also have access to protective measures in case of hostile or manipulative conduct by the other parent. Boschetti Studio Legale always works alongside mothers, helping them to understand and best address every legal consequence of an exclusive custody, protecting their right to tranquillity and security.
Typical scenarios / Case studies
The typical scenarios have been developed by combining the most significant family law situations that our firm regularly handles, creating structured and realistic examples designed to help readers better understand and navigate their own legal matters. The case studies, on the other hand, are based on real cases handled by our firm, with all personal data and identifying details anonymised to protect client confidentiality.
Registering a cohabitation agreement and regularising the status of a foreign partner
A couple living in Rome, consisting of an Italian citizen and his foreign partner without valid residence documents, sought legal protection for their relationship. An urgent application under Article 700 of the Italian Code of Civil Procedure was filed to safeguard their cohabitation, followed by proceedings to obtain an EU family member residence card.
Adult adoption to legally recognise a de facto family relationship
A United States citizen living in Rome sought to formalise a long standing family relationship with his uncle by marriage through adult adoption. Proceedings were brought under Articles 291 et seq. of the Italian Civil Code to obtain legal recognition of their established family bond.
Cohabitation agreement for an Italian Brazilian couple: protecting assets and securing residence rights
An Italian entrepreneur and his Brazilian partner had been living together in Milan for three years. Their situation involved three interconnected legal vulnerabilities relating to immigration, asset protection and succession planning, all addressed through a coordinated legal strategy.
Adoption in Colombia: an Italian couple fulfils their dream after a three year journey
A couple married for eight years embarked on an international adoption in Colombia. The procedure involved two legal systems, three Italian institutions and the Colombian Central Authority, requiring careful coordination throughout every stage of the process.
Succession involving heirs in four different countries: coordinated management across Italy, the United States, the United Kingdom and Switzerland
An Italian entrepreneur left assets located in Italy, the United States and Switzerland, with four heirs residing in four different countries. The matter required the parallel coordination of four legal systems and four tax regimes.
Adult adoption of a partner’s child: legal recognition of a twenty year family bond
A fifty eight year old man seeks to adopt his wife’s thirty year old son, whom he has helped raise for twenty years. Although the relationship was genuine and long established, it had no formal legal recognition, with significant implications for the biological children’s inheritance rights.
Challenging a will for infringement of forced heirship rights: €800,000 recovered for the heirs
Two children inherited only €20,000 each under a will that left almost the entire estate to their late father’s second wife. An action to enforce their forced heirship rights was successfully resolved through mediation.
Succession planning for a family business: transferring a €3 million business to the next generation
A sixty two year old entrepreneur needed to transfer ownership of a company employing fifty people to the son who had been managing the business, while safeguarding the interests of his daughter, who had chosen a different career path. A family agreement and a holding structure ensured business continuity and long term stability.
International adoption by a single parent: when the law opens a path few people know exists
A forty five year old single woman embarked on an international adoption. Although legally possible, this route remains little known and requires a carefully planned legal strategy from the very first stage, beginning with the application for the certificate of suitability.
Digital inheritance: recovering cryptocurrencies and digital assets after death
A professional passed away leaving more than €600,000 in cryptocurrencies held across multiple wallets and exchanges, without providing any access instructions. A substantial digital estate was at risk of being lost forever.
Legal name change for a transgender person: aligning official documents with gender identity
A thirty two year old professional, who had been undergoing hormone therapy for eight years, still had official documents bearing the male name assigned at birth. This discrepancy repeatedly forced unwanted disclosure of her gender identity in professional, banking and administrative settings.
Legal gender recognition and the update of more than 20 official documents: from court judgment to a new legal identity
A forty five year old executive had already obtained a court order granting legal gender recognition but was then faced with the real challenge: coordinating the update of an identity card, driving licence, university degree, employment records, mortgage documentation and insurance policies across multiple authorities, each with different procedures.
Legal advice for exclusive custody in Italy
For foreign citizens residing in Italy, or for Italians residing abroad, exclusive custody can represent a delicate but necessary solution to protect the minor.
Our law firm for exclusive custody for foreigners in Italy is composed of a team specialised in support to foreigners residing in Italy, ensuring personalised and complete advice, indispensable to address complex cases of international custody.
Thanks to the matured experience in international law, the Boschetti Studio Legale team offers the clients:
- A detailed assessment of the legal possibilities based on Italian and international regulations.
- Complete support in the gathering of evidence and testimonies, fundamental to present a solid case before the judge.
- Specific assistance for the management of relationships between different jurisdictions, essential for those who are in Italy but have ex partners residing abroad.
Our Studio Legale is at your side to understand what exclusive custody entails and what rights and duties it entails for you and for your child. Whether you are a foreigner residing in Italy or an Italian citizen abroad, rely on us to have the legal support and protection necessary to ensure a serene and stable future to your children.
Fill in the form to allow us to assess your case. We will contact you back within 48 working hours to inform you whether and how we can assist you.
This form is reserved for those who need legal assistance on a concrete situation. We do not provide free advice nor answers to generic queries by email. If you have a case that requires professional assessment, fill in the form: we will contact you back for a first exploratory meeting.
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How much does it cost to ask for exclusive custody?
The cost to request exclusive custody varies based on the complexity of the case and on the fee of the lawyer who takes care of the practice. There is no fixed rate; it is advisable to request a detailed quote from the trusted legal professional.
How does one obtain exclusive custody?
To obtain exclusive custody, it is necessary to submit a petition to the competent court, taking care to highlight the reasons for which joint custody would be prejudicial to the interests of the minor. It is fundamental to provide concrete evidence to support the request.
How long does exclusive custody last?
Exclusive custody does not have a predetermined duration, rather it persists as long as the circumstances that justified it remain unchanged. The parties can ask the judge, at any time, for a revision of the conditions of custody.
When is custody given to the father?
Exclusive custody can be granted to the father when the mother manifests parental unsuitability, for example in case of mistreatment, negligence or conduct that compromises the well-being of the minor and their psycho-physical growth.
What to do to obtain exclusive custody?
To obtain exclusive custody, it is necessary to demonstrate that the other parent is unsuitable or that joint custody would be harmful to the minor. It is advisable to gather documentation and testimonies that attest such circumstances and turn to a lawyer specialised in family law.
When can a mother request exclusive custody?
A mother can request exclusive custody when she considers that joint custody is contrary to the interest of the minor as well as to their healthy growth. This happens for example in the presence of domestic violence, substance abuse or disinterest by the father. It is always necessary to provide concrete evidence to support the request.
