In the context of marriage, separation or divorce constitute unfortunate episodes that bring remarkable consequences over parents’ life. Specifically, both spouses need to find an agreement through which arranging all the issues, relations, and aspects of the familiar life. Specifically, the most important issue to deal with is the custody of the child during separation and, possibly, divorce.

It is important to highlight that the shared custody regime is generally preferred among the other ones. The main reason for that is the belief that the contextual presence of both parents is the best solution for the child. However, even though the shared custody regime represents the most common solution, sole custody regime may prevail.

In presence of a self-centred father who is not able to listen or comprehend child’s needs and expectations, the sole custody regime might be the best solution. In fact, the shared custody regime is usually preferred because it – theoretically – ensures a healthy growth path for the child. In the present case, the father has been invited to increase his parenting attitudes. The Italian Court of Cassation has confirmed such principles within the ordinance N.13454/2021.

The father appealed the decision claiming for the infringement of child’s right to share custody regime. However, the Court of Cassation has confirmed the first instance decision by reaffirming the self-centred personality of the father. In fact, a father unable to listen and comprehend his child is not in the position to be a good parent. Subsequently, the shared custody regime is normally preferred only when this can ensures a balanced growth path for the child.

Should you need assistance on Italian Family Law matters, please do not hesitate to contact us. VGS lawyers have achieved brilliant results concerning separation and divorce agreements and child custody. VGS lawyers will get back to you within the next 24 hours.