Exclusive custody in Italy

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 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:

1. 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.
2. Prejudicial personal conditions: Addictions, psychiatric illnesses or other problems that prevent the parent from ensuring a safe and stable environment.
3. Violence or abusive conduct: Situations of domestic violence or aggressive conduct that represent a danger for the minor.
4. 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.