Prevalent residence order of the child and limited visiting rights does not exclude shared custody
By judgement no. 22219/2018 the Italian Supreme Court has confirmed that, in the context of shared custody regime, it is possible to limit husband’s right to visit and ordering child’s prevalent residence at mother habitation. Italian legislation about shared custody does not exclude the prevalent residence of the child at one of spouses’ residence. In fact, the main element here is only minor’s interest. In the present case, the Court assessed a conflicting relationship between spouses and, in relation to minor’s interest, it limited husband’s visiting rights ordering the prevalent residence at mother property. In fact, the Court wanted to limit minor exposure to potential fights of both spouses. Then, under this circumstance, it is possible to conclude that shared custody is not equivalent to equal custody.