Joint custody for de facto couples in Italy
- Joint custody for de facto couples in Italy
- Joint custody for de facto couples law and differences compared to married couples
- How joint custody works in case of separation of a de facto couple
- Assignment of the family home
- Economic aspects of joint custody and support for children
- Consensual or judicial process and importance of turning to a lawyer
- Custody with foreign / resident or transferred abroad parent
- Legal advice for joint custody for de facto couples for foreigners and Italians
Joint custody represents a fundamental right of children, regardless of the civil status of the parents. Italian law protects the rights of minors also when they are born from de facto couples, ensuring them to maintain a balanced relationship with both parents. Non-matrimonial unions, increasingly widespread in our society, require particular attention when it concerns managing separation and custody of children.
Boschetti Studio Legale is specialised in the management of joint and shared custody for unmarried couples, offering targeted legal support both for Italians and for foreigners residing in Italy. Our experience in the field of family law allows us to guide the parents through all the phases of the separation process, primarily protecting the interest of minors.
We understand that the end of a cohabitation with children represents a delicate moment, which requires sensitivity and legal competence. Our team of professionals is committed to providing personalised assistance, considering the specificities of every family situation and the needs of all the subjects involved, with particular attention to intercultural dynamics when elements of internationality are present.
The management of custody of children requires deep knowledge of the regulations in force and of the procedures to follow. Our firm offers specialised advice to protect the rights of all the family members, guiding the parents towards balanced solutions that ensure the well-being of minors. We deal with every legal aspect connected, from the regulation of times of permanence with each parent to the economic aspects of support, ensuring that every decision is taken in the best interest of the children.
Joint custody for de facto couples law and differences compared to married couples
Italian legislation has made significant progress in recognising and protecting the rights of de facto couples with children. The legal system ensures that the custody of children of unmarried parents follows the same fundamental principles applied to married couples, always placing at the centre the superior interest of the minor.
The main difference compared to married couples concerns the initial procedure. While for spouses separation necessarily passes through the ordinary court, for de facto couples no formal separation procedure exists. However, when it comes to regulating joint custody for de facto couples, it is necessary to turn to the Tribunale per i Minorenni, which has exclusive competence in the matter.
The Tribunale per i Minorenni carefully assesses various factors:
- The parental capacity of both parents;
- The affective and educational needs of the children;
- The stability of the family environment;
- The bonds of the minors with siblings, relatives and social environment.
A fundamental aspect concerns parental responsibility, which is exercised by both parents also after the end of cohabitation. This means that important decisions concerning the children (such as scholastic, medical or religious choices) must be taken by mutual agreement.
The law provides that, despite the end of the relationship, both parents maintain an active role in the lives of the children. This principle applies indifferently to both married couples and de facto couples, ensuring that cohabitation custody of children is managed in the superior interest of minors.
Our law firm deals with assisting unmarried parents in the definition of all the legal aspects relating to custody, helping them to understand their rights and duties and to establish agreements that protect the well-being of the children, maintaining a constructive and collaborative approach.
How joint custody works in case of separation of a de facto couple
The separation of cohabitants with children requires careful and structured management. The custody process for de facto couples follows a specific path that aims to ensure the stability and well-being of the minors involved.
The fundamental first step consists of submitting a petition to the Tribunale per i Minorenni. This document must contain:
- A detailed description of the family situation;
- Specific requests regarding the custody of the children;
- A proposal of calendar for the visitation with both parents;
- An economic plan for the support of the minors.
The joint custody de facto couples separation provides that both parents maintain full parental responsibility. This means that important decisions concerning the education, health and training of the children must be taken by mutual agreement. Daily life is instead managed by the parent who at that moment has the children with them, following the guidelines established in the judge’s order.
The Court (Tribunale), before issuing any decision, carefully assesses various factors. The capacity of each parent to respect the right of the children to maintain a balanced and continuous relationship with the other parent is considered. The availability of each to preserve the continuity of the affective relationships of the minors with siblings, grandparents and other relatives is also assessed.
A crucial aspect concerns the definition of the times of permanence of the children with each parent. The visitation calendar must be structured in such a way as to ensure the minors maximum possible serenity, taking into account their daily routines, scholastic commitments and extracurricular activities.
Our law firm provides specialised assistance in every phase of this process, helping the parents to reach balanced agreements that respect the needs of all the family members, with particular attention to the superior interest of the minors.
Assignment of the family home
The assignment of the family home in situations of joint custody de facto couples agreement represents a crucial aspect that requires particular attention. Unlike married couples, in de facto unions the assignment follows specific criteria that take into account various determining factors.
The fundamental principle that guides the assignment of the family home is the superior interest of the children. The judge primarily assesses the necessity of ensuring the minors continuity of the domestic environment, allowing them to maintain their habits and the bonds with the social and scholastic context of reference.
Various elements are taken into consideration in the decision-making process:
- The ownership of the property (ownership, rent, loan for use);
- The presence of other properties available for each parent;
- The economic capacity of both parties;
- The proximity to schools, relatives and places of interest for the minors.
In the case of property in rent, it is important to consider that the rental contract can be transferred to the custodial parent, even if not the original holder of the contract. This provision aims to protect the housing stability of the minors.
If the property is owned by the non-custodial parent, the assignment to the parent with whom the children will mainly live does not constitute an automatic right. The judge will carefully assess the overall situation, balancing the right of ownership with the interest of the minors.
The assignment of the family home is not definitive and can be modified upon variation of the circumstances. Events such as the transfer of the children, the achievement of their economic independence or the formation of a new family by the assignee parent can lead to a revision of the order.
Our law firm offers specialised advice to manage these delicate aspects, helping the parents to find balanced solutions that protect both the interests of the minors and the rights of both parties involved.
Economic aspects of joint custody and support for children
The regulation of economic aspects in custody and support of children of unmarried couples requires careful assessment of multiple factors. The fundamental principle establishes that both parents must contribute to the support of the children in proportion to their economic capacities.
The calculation of support is based on objective criteria that include:
- The total income of each parent;
- The movable and immovable patrimony;
- Pre-existing financial commitments;
- The cost of living in the area of residence of the minors;
- The specific needs of the children (health, education, extracurricular activities).
The determination of support must consider not only ordinary expenses but also extraordinary ones. Ordinary expenses include food, lodging, basic scholastic expenses and clothing. Extraordinary expenses, instead, are generally distributed among the parents according to established percentages and can concern specialist medical care, sports and recreational activities, study trips or language courses.
An important aspect concerns the periodic revaluation of support. The amount established can be modified when significant changes occur in the economic conditions of the parents or in the needs of the children. It is fundamental to maintain detailed documentation of expenses and variations of income for any future revisions.
Our law firm assists the clients in the definition of balanced economic agreements, providing specialised advice through the following services:
- Support in the calculation of the appropriate support allowance and in the management of extraordinary expenses;
- Assistance in the preparation of the necessary documentation and in the management of any modifications of the agreement;
- Advice for the resolution of economic disputes;
- Representation in court for the protection of economic rights.
Transparency and clarity in the management of economic aspects are fundamental to prevent future conflicts and ensure the well-being of the minors. Our team of professionals is committed to finding balanced solutions that take into account the needs of all the subjects involved, always privileging the superior interest of the children.
Consensual or judicial process and importance of turning to a lawyer
In the context of de facto couples, the regulation of custody of children can follow two main paths: the consensual or the judicial way. The choice of the most appropriate path depends on the capacity of the parents to reach an agreement on the fundamental aspects of the management of the children.
The joint custody de facto couples agreement through the consensual way often represents the most advantageous solution. This path provides that the parents, assisted by their respective lawyers, autonomously define all the aspects relating to the custody of the children. A well-structured agreement must regulate:
- The times of permanence with each parent;
- The modalities of economic support;
- The management of important decisions concerning the children;
- The distribution of ordinary and extraordinary expenses.
When it is not possible to reach an agreement, it becomes necessary to undertake the judicial way. In this case, the Tribunale per i Minorenni assumes a central role in the decision-making process. The judge can dispose various instruments to assess the situation:
- Hearing of the minors (if of adequate age);
- Technical advice to assess parental capacities;
- Social investigations to understand the family context.
The assistance of a specialised lawyer proves fundamental in both paths. In the consensual case, the legal professional helps to structure a balanced and legally valid agreement, preventing potential future conflicts. In the judicial proceeding, the lawyer represents and protects the interests of their assistee and, above all, of the minors involved.
Our law firm offers qualified assistance in both scenarios, guiding the clients towards the solution most suited to their situation. The primary objective is always to protect the interest of the minors, maintaining a constructive and professional approach also in the most complex situations.
It is important to underline that even after the definition of the agreement or the issuance of the judicial order, needs for modifications may emerge. Our team remains available to manage any variations of the initial conditions, ensuring continuity in the protection of the rights of all the subjects involved.
Custody with foreign / resident or transferred abroad parent
The management of custody parent transferred abroad or of custody parent resident abroad presents specific complexities that require specialised competences in private international law and in international conventions on the protection of minors.
When one of the parents resides or intends to transfer abroad, various aspects must be carefully assessed and regulated:
- The frequency and modalities of contact between the minor and the distant parent;
- The organisation of periods of permanence during holidays;
- The management of daily communication through technological means;
- The distribution of travel and accommodation expenses;
- The maintenance of relationships with the extended family of both parents.
A crucial aspect concerns consent to the transfer of the minor abroad. If a parent wishes to transfer with the children to another country, it is necessary to obtain the consent of the other parent or the authorisation of the judge. The court will carefully assess the impact of the transfer on the well-being of the minor, considering the validity of the reasons for the transfer, the opportunities for study and development in the new country, the maintenance of the relationships with the parent who remains in Italy and the social and linguistic integration of the minor.
It is fundamental to also consider the international legal aspects. EU Regulation Bruxelles II bis for EU countries and the Hague Convention for non-EU countries establish precise rules on jurisdictional competence and the recognition of decisions on matters of parental responsibility.
Our law firm offers specialised assistance to manage these complex situations. Our team of professionals can provide:
- Advice on the preparation of international custody agreements and protection of cross-border visitation rights;
- Support in the prevention of unlawful transfers and in the execution of judicial decisions abroad;
- Assistance in international mediation procedures;
- Legal representation in cross-border proceedings;
The presence of elements of internationality requires particular attention in documentation. All agreements must be drafted in such a way as to be easily recognisable and applicable in different jurisdictions, often requiring official translations and specific certifications. Our experience in international family law allows us to effectively manage these complexities, ensuring the protection of the rights of all the subjects involved.
Legal advice for joint custody for de facto couples for foreigners and Italians
Specialised legal advice on custody of children of unmarried parents takes on fundamental importance, especially when foreign citizens or Italians residing abroad are involved. Our law firm offers a complete and personalised service, which takes into account the cultural specificities and the different needs of our clients.
Our advice is articulated in various phases, starting from an in-depth analysis of the family situation. During the first meeting, we gather all the necessary information to understand the specific context: the nationality of the parents, the country of residence, the working situation, the needs of the minors and any linguistic or cultural problems that could influence the custody.
A crucial aspect of our assistance concerns communication. For foreign clients, we ensure clear and understandable communication, using accessible language and, when necessary, collaborating with qualified interpreters. This allows ensuring full understanding of all legal and procedural aspects.
We provide specific support in the management of the necessary documentation, which often requires particular formalities when elements of internationality are involved. This includes assistance in the translation and legalisation of documents, certificates and deeds coming from other countries.
Our team also deals with facilitating communication with the competent authorities, both in Italy and abroad. This aspect is particularly important when it is necessary to coordinate proceedings in different jurisdictions or obtain recognition of foreign measures.
We also offer specialised advice on the management of practical aspects of custody, such as the organisation of international travel of minors, the management of travel documents and the necessary authorisations for cross-border movements.
Our experience in the field of international family law allows us to anticipate and prevent potential criticalities, providing concrete and practicable solutions that take into account the different legal and cultural traditions involved.
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.
How can we help you?
Boschetti Studio Legale distinguishes itself for its personalised and multicultural approach in the management of questions relating to joint custody de facto couples separation. Our team of professionals is specialised in providing complete and specialised assistance to protect the rights of all the subjects involved, with particular attention to the superior interest of minors.
We offer a first introductory meeting in which we carefully listen to your situation and assess together the possible strategies to adopt. During this meeting, we analyse the specific aspects of your case: the current family situation, the needs of the minors, any elements of internationality and your expectations regarding custody.
Our firm ensures continuous assistance throughout the entire procedural process, whether one chooses the consensual or judicial path. We deal with the preparation of all the necessary documentation, the management of communications with the competent authorities and the coordination with any professionals involved in the proceeding.
For foreign clients or Italians residing abroad, we provide a specific service that includes:
- Qualified linguistic assistance;
- Support in the management of international documentation;
- Advice on the cross-border aspects of custody;
- Coordination with partner law firms in other countries.
Our pluriannual experience in family law allows us to effectively manage even the most complex situations, finding balanced solutions that take into account the different cultural and practical needs of each family.
You can contact us through the form on our website, via e-mail or by telephone to fix an appointment at our firm. We are also available for online consultations for those who are abroad or have difficulty physically reaching our office.
Our commitment is to provide a high-quality legal service, always maintaining a human and understanding approach, aware of the delicacy of the family questions we deal with.
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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What happens if an unmarried couple with children separates?
If an unmarried couple with children separates, it is necessary to regulate the custody of the minors through the Juvenile Court (Tribunale per i Minorenni), unlike married couples who turn to the ordinary court. The parents can choose the consensual way, reaching an agreement on custody, support and visitation calendar, or proceed by judicial way if they do not find an understanding. In both cases, the judge will issue an order that establishes the modalities of custody, always privileging the interest of the minors.
What is the difference between joint custody and shared custody?
Shared custody has replaced joint custody from 2006 and represents a more modern evolution of the concept of custody. While joint custody provided for always joint decisions between the parents, shared custody maintains shared parental responsibility for important decisions but allows each parent to take autonomous decisions on daily life during their periods of permanence with the children, thus ensuring more flexible and practical management of parenthood.
What are the rules for shared custody?
The rules of shared custody establish that both parents maintain parental responsibility and the duty to provide for the care, education and support of the children. Important decisions must be taken by mutual agreement, while daily management is up to the parent who at that moment has the children with them. The visitation calendar must ensure adequate times with both parents and the economic support must be distributed in proportion to the capacities of each.
