Italian child custody law has been recently reformed after two different legislations that equalise the legal position of every child. In particular, the Italian Law also foresee the legal condition of the underage child born in the context of civil partnership.
Underage children born within a context of civil partnership are protected regardless the presence of marital relationship of the parents. This means that, in the context of underage children rights, there is not substantial difference between a marital tie and civil partnership. Again, this implies that, in the event of separation, child custody schemes shall be regulated.
Generally, in the event parents reach an agreement around the moral, economic and psychological support this will constitute the child custody scheme to be applied. Contrarily, in the event parent were not able to reach an agreement, they can lodge a complaint to the Court where the children have their residence. Given the shared set of rules for both children inside and outside of marriage, the first rule is represented by shared custody regime. In this case, parents are not entitled to negotiate the shared custody regime inasmuch this is the right of the child.
As a general rule, parents must meet children needs according to their economic capacities. After judicial assessment, the Court will decide who is going to be pay child support until children will have a sufficient economic condition. Also, in determining child support economic amount, the Judge needs to assess child’s living condition and evaluate the right amount of the economic support. Last, according to the shared custody principle, the Law encourages that the child may sleep at the house of the non-custodial parent.
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