The Italian alternating child custody regime: a brief guide
“Child custody” term consists of the legal custody and the physical custody of the child. In particular, the right to make decision about child’s life and the right and duty to house and care the child constitute the legal meaning of child custody. Usually, married couples retain both legal and physical custody of their children.
Legal concerns in relation to child custody normally arise in the context of legal proceedings such as divorce, separation, adoption, et cetera. In this context, in most Jurisdictions child custody is determined in accordance to the interest of the child. Therefore, many courts have determined the so-called “best interests of the child standard”.
Based on the best interest of the child, there might be different child custody regimes. For instance, the alternate child custody is a regime where the children live for an extended period of time with one spouse and another amount of time with the other parent. This child custody arrangement implies that the children will have two domiciles.
Given the best interest of the child, the alternating child custody seems to undermine it because of the contextual presence of two residences with two parents with risks for children stability and wellbeing. However, such regime may represent the best arrangement in presence of certain elements to be assessed by the judge.
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