Italian law n. 184/1983 governs family custody in those events where the spouses are unable to exercise parental responsibility. In this event, the State governs a set of support modules and help for the spouses.


The family custody aims to protect the minor till the spouses are able to exercise their parental responsibility or till a declaration of the state of adoptability of the minor itself. Therefore, family custody operates where the minor has no longer a positive familiar environment to enjoy and it provides the minors with alternative – temporary – solutions such as the custody to another family or single person or family community.


Minors’ custody may involve family members or unrelated subjects. In this context, contrarily to adoption, also domestic partnership and single people are allowed to have the custody of minors. In this last case, the following parameters of possible custodian are assessed:


– Age;


– Physical and Mental Condition;


  Familiar Environment;


  Economic self-sufficiency;


– Custody motivation,


– Individual or couple history life.



Custodians have duties and rights:


1- To care about minors’ education, formation with respect of minors’ cultural, social, and religious identity;


2- To establish positive relationship with minor’s family;


3- Confidentiality duty in relation to minor’s condition;


In many cases, the family custody regime lasts more than two years, with the concrete possibility that between the custodians and the minor there is a strong bond that the Law seeks to protect. In fact, in case of a adoptability declaration, the court will assess previous relationships generated during the first family custody.


VGS lawyers professional can assist you in family custody matters and related issues. Should you need any information in relation to this matter, please contact us through the online form you find in our website. You will receive a first answer within the next 24 hours.