Exclusive Child Custody

What changes for the decisions of greatest interest?

Despite sole custody, both parents retain parental responsibility, but the custodial parent is responsible for making day-to-day decisions. However, matters of greatest concern, such as the child's education, health and well-being, are decided jointly by the parents, unless there are serious reasons to limit the non-custodial parent's involvement.

The custodial parent

The custodial parent: must follow the provisions established by the court. It must favor and promote the child's relationship with the other parent. This can be waived by the Judge if there are serious reasons. The details of visits and holiday periods are generally agreed between the parents. If there is no agreement, they are established by the judge, always in the interests of the minor.

The non-custodial parent has the right and duty to supervise the education and upbringing of minors and can appeal to the court in the event of decisions that are harmful to the children.

The non-custodial parent

The non-custodial parent has the duty to supervise the education and upbringing of minors and also has the right to turn to the judge if he or she believes that decisions prejudicial to the minor have been made.

When is it possible to request sole custody?

Sole custody may be requested if shared custody is harmful to the psychological and daily balance of the minor. Specifically, this can happen in the case of:

Failure to fulfill parental responsibilities; Abuse of powers, resulting in harm to the child; Lack of interest, lack of participation in the child's life; Profound deficiencies in care and education tasks.

Even if the law does not provide standard situations in which it is possible to request sole custody, jurisprudence has developed some criteria, they are:

When shared custody constitutes a detriment to the minor, article 155 bis of the Civil Code specifies how exclusive custody of children can be sanctioned if, for well-founded reasons, shared custody is contrary to the interests of the minor. The same offspring can be interviewed to analyze the most appropriate choice to make in terms of sole custody. The parent does not pay the maintenance allowance in favor of the offspring.

From shared custody to sole custody. When it happens, find out more

The parent's educational unsuitability: find out more

Sole custody: when to contact an Investigation Agency.

The Alpine Investigation Agency has been carrying out investigations for exclusive custody of minor children for over 30 years. Through investigations for the custody of minor children it is possible to demonstrate:

The parental incapacity of the other party and requesting custody, even exclusive, of the minor children; Deficiencies, including serious ones, of the parent such as emotional deficiencies, disinterest, etc.; Possible association of one's spouse with unsuitable people and requesting custody of the minor children ;Demonstrate and attest to a state of psychophysical distress of the minor, even serious.

All this is possible through the use of investigative techniques based on Osint, SocMint, as well as through visual monitoring activities called stalking. All the evidence that emerges is reported in an Investigative Report that can be produced in court.