In Italy, adoption is a path governed by strict rules, designed to safeguard the well-being of minors. However, there are situations in which the law provides exceptions to the general rule: in such cases reference is made to adoption in special cases. This form of adoption is designed to respond to concrete needs, especially when there is already a stable emotional bond between the minor and the person who wishes to adopt them.

Single people, unmarried couples or close relatives such as grandparents and aunts/uncles may have doubts about when it is possible to adopt, especially in the absence of a marriage or a recognised civil union. This legal guide to adoption is born precisely to offer clarity and practical guidance to those in these conditions who wish to understand their rights and possibilities.

Adoption in special cases: what it means and in which situations it applies

Italian law distinguishes between ordinary adoption and adoption in special cases. The first is reserved for couples married for at least three years, while the second applies to exceptional circumstances, in which it is in any event possible to ensure stability and emotional continuity to the minor.

These situations include:

• adoption by single persons, even without marriage or cohabitation
• adoption of the partner’s child, for example in unmarried or same-sex couples
• adoption by aunts/uncles, grandparents or other relatives who care for the minor on an ongoing basis
• adoption by foster families, where a consolidated emotional bond has been formed

In all these cases, we are not talking about “full” adoption (which extinguishes the bond with the family of origin), but about an adoption that maintains the surname and the legal relationships of the minor with their biological family. The aim is to strengthen emotional stability, not to replace the family of origin.

Who can adopt and what are the requirements for adoption in special cases

To understand when it is possible to adopt in special cases, it is essential to know the criteria established by art. 44 della Legge n. 184/1983, which governs this matter.

The requirements for adoption in special cases include:

• Age of the adopter: must be at least 18 years older than the minor, but no more than 45 years’ difference (save for exceptions linked to a pre-existing emotional bond).
• Stable emotional bond: it is essential to demonstrate the existence of a consolidated educational and emotional relationship between the person adopting and the minor.
• Suitability of the applicant: assessed by social services and confirmed by the Juvenile Court.
• Best interest of the minor: every decision is taken on the basis of their well-being, and never to satisfy an “abstract” wish for parenthood.

It must be emphasised that one need not be married. The legal guide to adoption in special cases provides indeed that single persons or de facto couples may also access this path, provided that the bond with the minor is real, lasting and supported by evidence.

Frequently asked questions on adoption in special cases

Can I adopt my nephew/niece if the parents are not able to take care of them? Yes, if there is a consolidated emotional bond and the adoption corresponds to the best interest of the minor, the court may authorise adoption also by aunts/uncles or grandparents.

Is adoption by single persons possible even without cohabitation? Yes, adoption by single persons is allowed, especially if it is shown that the person already takes care of the minor on an ongoing basis.

What are the timeframes of the procedure? Timeframes vary depending on the specific situation and on the availability of social services. On average, the procedure can last from a few months to a year.

Does adoption in special cases give rights to the surname? The minor keeps their original surname, but may add that of the adopter. The relationships with the biological family are not extinguished.

Can I adopt my partner’s child if we are not married? Yes, adoption of the partner’s child is one of the cases provided for by law, if the relationship is stable and the minor has a significant emotional bond with the applicant.

Assessing the adoption path with awareness

Adoption in special cases is a precious tool for offering legal and emotional stability to minors who already live in non-conventional but solid family contexts. It is a path that requires commitment, documentation and discussion with social services and the court, but one that can ensure important protections for all the people involved.

Those in this situation, whether a close relative, a partner or a foster carer, often wonder where to start, which documents are needed or how to demonstrate suitability. For this reason, a legal guide to adoption can really make the difference. And if any doubts remain or clarifications are needed on specific cases, there are professionals ready to accompany every step with care and competence.

Sometimes, a discussion with someone who knows the legislation in detail can help to clarify the picture and to move forward more peacefully. This is also why those wishing to delve into these topics can rely on the availability of legal practices with experience in family law.

One of the least discussed but most delicate topics concerns the relationship between inheritance and divorce. Many people who are separating or who are drafting a will wonder whether the former spouse can still claim inheritance rights or have a say in the testamentary dispositions.

To answer, it is essential to distinguish between separation and divorce. With separation alone, the marriage bond remains formally active: this means that the separated spouse still has, at least in part, inheritance rights. In the event of the death of the “guilty” spouse (i.e. with separation with charging of fault), the other spouse may even lose all rights, save where they are in a state of need and entitled to maintenance.

With divorce, instead, the marriage is definitively dissolved and with it the inheritance rights of the former spouse are extinguished, save where the testator has expressly reinstated them in their will. In this sense, the succession after divorce entails a clean break from a legal point of view.

Understanding the difference is essential for those wishing to safeguard their estate or for those who fear that the former spouse may still advance claims.

The effect of divorce on inheritance rights and on family assets

Anyone wondering what happens to assets after divorce should know that the former spouse automatically loses the status of legal heir. They cannot receive anything by law, nor access the reserved share, unless they are voluntarily indicated in the will.

However, if the will has not been updated after the divorce, disputes may arise on the interpretation of the deceased’s wishes. For this reason, those who have experienced a separation or divorce should always review their testamentary dispositions in order to avoid future uncertainties.

Also communion of assets and divorce must be considered separately: the communion is dissolved with personal separation, but the division of assets after marriage can be long and complex. Indeed, assets received as inheritance during the marriage are often not included in the communion, but may become so if used to purchase shared assets.

The situation also changes when it comes to assets that one spouse receives from a relative after divorce: these fall exclusively within their own patrimonial sphere, with no impact on the other former spouse.

How to safeguard your assets and your wishes

Anyone about to divorce should immediately assess the consequences in terms of succession and assets. Reviewing one’s will after divorce is a simple but often neglected step. A clear provision is enough to prevent the former spouse from being reinstated as an unintentional beneficiary or disputes from arising among future heirs.

It is equally important to assess whether there are family assets and to understand how they have been managed over time. This may affect the division of assets after marriage, especially if you are not under a regime of separation of assets.

Finally, for those who have children or specific heirs whom they wish to safeguard, testamentary clarity is essential. In the absence of precise indications, the law will apply general criteria, which may not reflect personal intentions.

In all these situations, relying on a professional competent in matters of inheritance and divorce makes it possible to act with awareness and security, avoiding mistakes or future surprises.

Studio Legale Boschetti, which has been dealing with succession and family law for years, can accompany with discretion those who wish to find their way clearly between separation, estate and testamentary wishes.

There is no automatic right to the divorce allowance. In every divorce proceeding, the judge assesses a series of elements to establish whether one of the two former spouses has the right to receive it, in what amount and for how long. This assessment is not only economic, but also takes into account the entire marital history and the personal and professional conditions of the parties.

Over the years, numerous judgments on the divorce allowance have clarified the guiding criteria, with the aim of balancing two fundamental aspects: on the one hand, economic independence after divorce; on the other, the recognition of any sacrifices made during the marriage, such as giving up a career to dedicate oneself to the family.

The factors that influence the judge’s decision

Let us now look at the main 7 factors for obtaining the divorce allowance, according to the constant orientation of the courts.

1. Duration of the marriage. The longer the marital cohabitation, the more likely the judge will recognise an entitlement to the divorce allowance. This applies above all in cases where one of the two has interrupted or scaled back their working activity in order to dedicate themselves to the family.
2. Personal and economic conditions of the spouses. The economic assessment in the divorce takes into account incomes, properties, earning capacity, age and health status. The judge compares the position of both to understand whether there are significant and justified imbalances.
3. Contribution made to the family and to shared assets. The contribution is not only economic: those who have run the household or taken care of the children may also have contributed decisively to family stability. This is one of the most frequently valued criteria for the divorce allowance in court rulings.
4. Professional or economic sacrifices. If one of the two has given up career opportunities or has left work to take care of the family, this element can affect the judge’s decision on maintenance, especially when it has lastingly compromised the spouse’s economic autonomy.
5. Concrete possibilities of returning to the labour market. The judge assesses whether the person requesting the allowance has the skills, training and favourable conditions to find or regain employment. Economic independence after divorce is today one of the central parameters.
6. Conduct during the marriage. Even though the allowance is not linked to fault, behaviours that have had an economic impact on the family (such as excessive spending, gambling or irresponsible choices) can be assessed, especially if they have affected the economic rights of the other spouse.
7. New cohabitations or stable relationships. If the person requesting the allowance has a new stable relationship, the judge can reduce or deny the amount. This applies even if the new union is not formalised but affects the overall economic situation.

What can be done by those involved in a divorce or who already have a judgment

Understanding the criteria for the divorce allowance helps to form a clearer idea of the real possibilities of obtaining or having to pay an allowance. Each case, however, is assessed individually. Even those who have already divorced can request a review, if economic or personal conditions have changed significantly.

Many wonder, for example, whether a promotion, a dismissal, an illness or the start of a new cohabitation can influence the review of the allowance. The answer is yes: in such cases, the judge can modify, suspend or revoke the allowance previously established.

When dealing with a topic such as the divorce allowance, knowledge of the rules and of the most recent judgments on the divorce allowance is essential to avoid mistakes, both in the negotiation phase and in the judicial one.

Those reflecting on these aspects, in view of a divorce or after a judgment already pronounced, may consider the opportunity of a discussion with a professional of the sector. Often a well-conducted preliminary analysis is enough to clarify doubts and identify strategies consistent with one’s own economic rights.

Studio Legale Boschetti is available, with the confidentiality and competence that have always distinguished it, to assist those who wish to better understand their position or to face a delicate passage with greater awareness.

Not all marital crises are alike. In some cases, the end of the relationship does not depend on a mutual and gradual estrangement, but on serious, unilateral conduct that breaks the couple’s balance. It is in these situations that the possibility of a separation with charging of fault may emerge.

Those who suffer infidelity, sudden abandonment, a violation of marital duties wonder whether there is a way to have the marital responsibility of the other recognised even at a legal level. And above all whether that fault entails concrete consequences. The answer is yes, but on certain conditions.

The separation with charging of fault does not apply automatically: it must be shown that one of the spouses has seriously and unjustifiably violated one of the marital duties violated provided for by the Codice Civile, such as fidelity, cohabitation, respect or mutual assistance. And it must also be proved that that violation was the direct cause of the end of the cohabitation.

What the law provides on the charging of fault in separation

Italian law does not punish those who have caused a marriage to end, but it recognises fault in the separation when one of the spouses has had conduct contrary to the duties of marriage and this has caused the breakdown of the bond.

In concrete terms, the charging of fault in the separation is pronounced by the judge only at the request of the interested party and only within a judicial separation, never in a consensual one. It is not enough to prove that the other betrayed or left: it must also be proved that before that fact the marriage was stable and that it was precisely that conduct that caused it to collapse.

The consequences of the charging of fault are clear: the spouse to whom fault is attributed loses the right to the maintenance allowance (but not to alimony in case of need) and the rights of the non-guilty spouse in the event of death, such as inheritance rights. In some circumstances, if the conduct has caused serious damage to the health or dignity of the other spouse, compensation can also be requested, but this requires very solid evidence.

How to understand whether the charging of fault can be requested

Those who have suffered a wrong often wonder when the charging of fault can be requested. The answer lies in two essential elements: proof of the wrongful conduct and demonstration that that conduct caused the crisis.

For example, infidelity can lead to the charging of fault if it occurs while the couple is still stable and cohabiting. If, on the contrary, the relationship was already compromised, even infidelity may be considered irrelevant from a legal point of view.

In the same way, abandonment of the marital domicile can justify the charging of fault if it has no serious motivations, such as situations of serious conflict, mistreatment or personal danger. It is not enough to leave: the context in which the act occurred must be assessed.

Those who are already separated can still obtain the charging of fault, but only if the procedure is judicial and if the request is clearly formulated in that context. It is not possible to obtain it after a consensual separation has already been homologated.

Facing a separation with charging of fault means not only seeking justice, but also defending one’s position, both patrimonially and personally. It is an important step, which requires awareness and strategy.

For those in a similar situation, it can be useful to discuss matters with a professional who knows the matter thoroughly and who can concretely assess whether there are conditions for taking action. In some situations, expert support can clarify doubts and help to safeguard not only one’s rights, but also one’s peace of mind.

Studio Legale Boschetti, for years engaged in advising and protecting family relationships, offers competent and confidential listening to those facing complex decisions such as these.

In Italy, the topic of same-sex parental adoption still lacks a uniform and fully recognised regulation. Italian law does not expressly provide for the possibility for a same-sex couple to adopt a child jointly. However, there are cases in which it has been possible to obtain legal recognition, albeit through indirect and complex paths.

In recent years, the courts have opened up some possibilities thanks to evolutionary interpretations of the law, in particular in cases of stepchild adoption. This is the possibility for one partner to adopt the biological or adoptive child of the other partner. This route, however, is not guaranteed by law: it is a practice accepted in some courts, but not uniform or certain throughout the national territory.

For homo-affective families who raise children, daily reality can be perfectly stable and affectionate, but on the legal level fragilities remain, especially in delicate situations such as separation, illness or succession. Same-sex parenthood, although increasingly recognised socially, continues to clash with a regulatory framework that has not yet adapted to the changes in society.

The limits of Italian legislation on same-sex parental adoption

Currently, a law on gay adoption in Italy is absent. Our legal system provides for adoption exclusively for married (heterosexual) couples or for single persons, but does not explicitly mention same-sex couples. This regulatory silence has created a legal gap that is partly filled by case law, but which does not guarantee stability or certainty.

In the context of homo-affective families, this uncertainty translates into the absence of automatic protections for the partner’s child. In other words, if the biological parent passes away, the partner of the other parent, even if always present in the life of the minor, risks having no legal recognition.

The protection of children in same-sex couples thus becomes a central issue. It is not just about affection or educational roles, but about concrete rights: the possibility of being with a child in hospital, of taking healthcare decisions, of representing them legally, of guaranteeing them economic and emotional stability.

Even rulings on the recognition of adoptions obtained abroad by same-sex couples are subject to assessment on a case-by-case basis. Italian courts do not always validate these acts, and the absence of a national rule that regulates same-sex parental adoption in Italy leaves room for profound territorial inequalities.

Which legal tools are practicable today

Despite the absence of a clear law, there are paths that some homo-affective families can assess with the assistance of a lawyer. Stepchild adoption remains the most practicable in the case of couples civilly united or cohabiting for a long time, when the interest of the minor is clear. The court can authorise adoption within the limits of art. 44 della Legge 184/1983, even in the presence of non-ordinary conditions.

Another useful tool is the drafting of legal documents that strengthen the partner’s role: wills, powers of attorney, advance healthcare directives and cohabitation agreements can offer a first level of protection. Although they do not replace adoption, they can ensure partial protection of the rights of same-sex parental families.

Finally, dialogue between the legal profession and the judiciary is increasingly relevant in building favourable practices, also pending a legislative reform that fully recognises same-sex parenthood.

For many families, these paths are not just technical, but deeply personal. Sometimes it is precisely from a simple question, “can I really protect my child, even though I did not give birth to them?”, that the need to find one’s way among rules, judges and documents arises. In such cases, relying on those who know the workings of the legal system thoroughly and who have experience in the field of protection of homo-affective families can make the difference. And if guidance is needed that knows how to listen before advising, there are professionals who work every day on these topics, with discretion and competence.

There are relationships which, although not sealed by a tie of blood, represent in every respect a deep, constant and lasting bond. People who have taken care of one another, perhaps from childhood or in a critical moment of life, and who today wish to give that bond a solid legal form. In many cases, it is precisely from this wish that an interest in the adoption of an adult arises.

It is a possibility recognised by our legal system, included within family law, which allows two adults to establish a legal bond between adults when the emotional and personal relationship is such as to justify it. A gesture that has strong emotional value, but that also entails important legal consequences.

What the law provides: when an adult can be adopted

The adoption of an adult is governed by articoli 291 e seguenti del Codice Civile. Unlike the adoption of minors, this form is designed to give legal recognition to a pre-existing relationship between adult persons. The condition of abandonment is not required, nor is the cessation of ties with the family of origin required.

The requirements for adopting an adult are specific: the adopter must be at least 35 years old, and there must be a minimum difference of 18 years between adopter and adoptee. In some cases, the court can authorise adoption even where there is a lower age, if there are serious and well-founded grounds.

The procedure for the adoption of an adult involves the filing of an application with the court, accompanied by documentation that demonstrates the effectiveness and stability of the bond. It is not a simple formality: the judge assesses each individual case carefully, also through personal interviews and discreet enquiries.

The consequences of adoption: affection, rights and assets

The emotional, patrimonial and legal implications of this choice are significant. From an emotional point of view, adoption makes it possible to officially seal a bond that has often been experienced as a family one for years. The new status is not only symbolic: it creates a parent-child relationship recognised by the State.

On the patrimonial level, the adoptee enters the inheritance line of the adopter. This means that they participate in the succession as a natural child. The disposable share, that part of the estate that can be freely allocated, can also be attributed to the adoptee through a will, reinforcing the adopter’s wishes.

The effects of the adoption of an adult also concern fiscal, civil status and assistance aspects. For example, in the event of illness or need, the adoptee can have access to assistance rights similar to those reserved for first-degree relatives. In addition, adoption entails a change of surname: the adoptee adds or replaces their own with that of the adopter, depending on the arrangements chosen and approved by the court.

Formalising this kind of relationship is often the result of a long and shared emotional path. When two persons decide to take this step, they seek not only legal protection, but also full recognition of what they have lived.

For those who feel the need to delve into these aspects and assess whether this path is practicable in their specific case, it can be useful to discuss matters with professionals of the sector who deal daily with topics related to family law and succession. Studio Legale Boschetti, for years active in safeguarding family bonds in all their forms, offers listening and competence to accompany people in such important choices.

Equal-time custody is a form of custody based on the full sharing of time and parental responsibilities between the two parents, even after separation. Unlike the traditional model, in which the child lives stably with only one of the parents, equal-time custody provides for a balanced management, often divided symmetrically.

But how does it really work, what are the benefits for minors and what conditions must be respected?

What equal-time custody is and how it differs

Equal-time custody implies that the child spends roughly equal times with each parent. It is also often called alternating custody, although this term can generate confusion: it is not necessarily a question of rigid alternation (e.g. one week with each parent), but of a balanced and planned distribution based on the real needs of the child.

This arrangement is based on a principle of equal responsibility in parenthood and presupposes a good level of communication and cooperation between the separated parents. It is a growing model, especially in courts that apply criteria oriented to the centrality of the minor and to the balance between parental figures.

The advantages and risks of equal-time custody

Among the advantages of equal-time custody are the possibility, for the child, of maintaining a constant and meaningful bond with both parents, the reduction of the sense of abandonment and greater emotional balance. This type of custody can also encourage greater fairness in the management of expenses and daily responsibilities.

However, risks of equal-time custody also exist. In particular, equal-time management requires a high level of cooperation between the parents: in its absence, there is a risk of exposing the minor to ongoing conflicts or to logistical instability. Moreover, not all family situations lend themselves to a balanced division of time spent.

When it can be applied and what the requirements are

The implementation of equal-time custody is not automatic: judges assess various aspects before proposing or accepting this solution. Among the main factors considered are the distance between the parents’ homes, the age of the child, the willingness of the parents to cooperate and the interest of the minor.

In the context of family law, equal-time custody fits into a cultural evolution that values shared responsibility, on condition that it really favours the well-being of the child. Each case is assessed individually, also with the support of technical consultations or family mediations.

For separated couples who wish to ensure their child a balanced relationship with both, it is important to assess this possibility with the assistance of a firm experienced in separated parents and custody. In many cases, a preliminary discussion with competent professionals can help to identify the most suitable solution, reducing conflicts and putting the real needs of the child at the centre.

Sometimes, finding one’s way among the most suitable options for one’s children requires not only correct information, but also the support of those with concrete experience in the matter: a professional and measured perspective can make the difference, especially in such a delicate area. In contexts such as these, knowing that you can count on a firm with specific experience in the custody of minors represents a valuable opportunity to face decisions with greater awareness and peace of mind.

When a couple separates, the question that often emerges is: which form of custody ensures greater protection of the minor? Italian law provides for two main arrangements: shared custody and sole custody. Understanding the differences is not just a legal question, but a fundamental step in deciding in the interest of the child.

Shared custody: involvement of both parents

Shared custody is the solution generally favoured by the legislature, because it allows the minor to maintain a balanced and continuous relationship with both parents. In this form, decision-making responsibilities are shared on fundamental aspects of the child’s life: health, education, school choices. However, the prevailing residence (i.e. the child’s main domicile) can be established with one of the two parents.

A much-discussed topic is that of maintenance: even with shared custody and maintenance, it is frequent that one of the two parents pays an economic contribution, especially if there is income disparity or if the minor resides stably with the other parent.

Sole custody: when it is ordered by the judge

Sole custody is ordered when one of the two parents is found to be inadequate or unable to ensure a peaceful upbringing for the child. It is not an automatic solution, but an exception based on concrete assessments by the judge.

In this case, only one parent exercises parental responsibility, while still being required to inform the other on important decisions. Also at the economic level, sole custody and maintenance require careful assessments: the non-custodial parent is in any event required to contribute to the expenses for the minor.

The decisions of the court on custody always take into account the best interest of the child, the guiding principle of family law. The judge can order technical consultations or acquire information from social services before establishing the most suitable arrangement.

How to choose in the best interest of the child

For those facing a separation, it is essential to understand the differences between shared and sole custody. There is no single solution that works for everyone: each situation requires concrete and in-depth analysis.

Turning to a law firm for the custody of minors makes it possible to correctly assess the elements at play: family balance, availability of the parents, needs of the child. A discussion guided by professionals helps to take aware and well-founded decisions, avoiding unnecessary conflicts and protecting the most important family bonds.

When such important choices have to be faced, having alongside you a well-prepared team can really make the difference. And knowing that there is a firm capable of accompanying every step of this path with competence and measure often represents the peace of mind needed to look ahead. It is in such moments that having alongside a firm with targeted experience can prove decisive, especially for those seeking effective solutions tailored to their case.

In a recent case dealt with by our law firm for international custody, an Italian mother and a foreign father, after the separation, found themselves discussing the custody of the daughter born during the marriage. The mother wished to return to Italy with the minor, while the father intended to keep the child’s residence in the foreign country in which they were living. A situation that highlights the delicate cases of international custody and the numerous legal and psychological implications for all the parties involved.

When parents of different citizenships separate, complex questions are opened concerning the place of residence of the minor, the management of parental time and the protection of the rights of both parents. In such situations, family law must be integrated with international rules and bilateral conventions. Our intervention, as lawyers specialised in international custody disputes, made it possible to obtain a solution that ensured the stability of the minor, avoiding hasty decisions or decisions based on unilateral interests.

Scenarios of international custody: what really changes

The first element to be considered in a situation of international custody of children is jurisdiction. In simple words, it must be established which court has the right to rule. The answer depends on various factors: the habitual residence of the minor, any pre-existing agreements between the parents, and the international conventions in force between the countries involved. Among these, the Hague Convention of 1996 plays a key role in determining jurisdiction and in fostering cooperation between judicial authorities.

For foreign citizens or mixed couples, the greatest risk is that of conflicts of laws between the different legal systems. For example, an unauthorised transfer of the minor may amount to international child abduction. In such cases, the court can order the immediate return of the minor to the country of habitual residence, applying the rules on the custody of children abroad.

A law firm for international custody can provide essential assistance in defining the most suitable strategy to protect the well-being of minors and to ensure the rights of both parents.

Legal strategies to protect children and parents

Not all cases of international custody of children are alike: some situations require urgent intervention, others can be addressed more gradually through mediation or negotiation. In any event, the involvement of professionals experienced in legal assistance for international custody makes it possible to correctly assess risks, opportunities and legally sustainable solutions.

In our approach, we always seek to build a clear framework for the client: what the alternatives are, what steps to follow, what documents to prepare. Our aim is to stand alongside families in delicate moments, providing concrete indications and protecting the rights of the minors involved. When facing delicate cases of international custody, having alongside you a law firm with specific experience makes the difference.

For those facing these situations, knowing that there is a prepared team available to guide every phase of the path is an additional element of peace of mind. And sometimes, knowing whom to turn to can make the difference: for this reason, practices with specific experience and a multidisciplinary approach represent a valuable point of reference for facing these challenges with awareness and competence.

Many parents think that, with the eighteenth birthday, every legal bond between mother, father and child comes to an end. But it is not so. In some situations, even after the age of majority, the intervention of the judge may become necessary, especially if the child is not economically self-sufficient or finds themselves in a condition of vulnerability. Let us therefore dispel the widespread idea that custody of the adult child does not exist: there are real cases in which legal protection continues.

When the adult child is not yet self-sufficient

The fact that a child has turned 18 does not automatically mean that they are independent. If they have not completed their studies, are looking for work or are in financial difficulty, the parents remain bound to contribute to their maintenance. The legal principle behind it is simple: the maintenance of the child after the age of 18 is legitimate as long as the child has not achieved real autonomy.

In such cases, the court can intervene at the request of one of the parents, for example when there is disagreement on the apportionment of expenses or on the day-to-day management of cohabitation. This is where the relationship between judge and adult children comes into play: the judge assesses the situation and can establish economic obligations, methods of cohabitation or even separate management in extreme cases.

Vulnerable children and parental responsibility beyond the age of majority

There are situations in which the child, although of age, has a disability or a psychological condition that makes them unable to support themselves. In such cases, parental responsibility does not end, but is transformed: the parents can request support administration, interdiction or other forms of protection. Here too, it is essential to know when the judge intervenes after the age of majority.

The law does not provide a precise date on which every parental duty ceases. Everything depends on the concrete conditions of the child. For this reason, speaking today of parents and responsibility towards adult children has a much broader meaning than in the past.

Legal decisions involving children even as adults

In the case of separation or divorce, parents can have divergent opinions on the management of the adult child. If for example the child returns to live with one of the two or asks for economic support not provided for in the agreements, one may have to turn to the court to define new balances.

The legal decisions involving adult children can also concern situations in which one of the parents opposes further economic contributions, while the other continues to consider them necessary. In the absence of an agreement, the judicial authority has the task of assessing the merits of the requests and the actual state of need of the child.

In these circumstances, knowing one’s rights and the room for action can make the difference. When family dynamics become complicated and a balance between affection and legal responsibility is needed, turning to a professional can help to protect the well-being of all. Studio Legale Boschetti deals with these cases with sensitivity and competence, offering concrete support in delicate moments of family life.