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Despite an obligation under the old Article 155, although there is no specific policy on the assignment of priority, the most obvious hypothesis was the exclusive of custody to the mother. This did not mean that, in principle, the judge could appeal to the institution of shared foster even if in practice the sole custody was the best idea adopted.

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Before the reform, the establishment of joint custody (or shared custody) although was not explicitly provided for in Article 6 of divorce law (898/1970) and the case of legitimacy had already occurred in the past admitting the analogous application of the above mentioned provision to cases of separation.

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Undoubtedly both the new and old text of the law have as a point of comparison preeminent moral and material interests of the children, but to be changed is the orientation of the legislature on what actually applies to a greater extent in order to defend the interests of the children.

If you remotely consider that there was an overriding interest that the children were entrusted to both parents, the new doctrine identified as offspring of primary importance, that of constancy in relationships with both parents, while preserving as much as possible the same balance of attendance between both parents.

There are always misunderstandings in considerate the discipline of joint custody, to understand we must be very careful and do not think it as a provision to protect and safeguard interests even if caring, parents, or rather to interpret it as a movement, which occurred as a result hotly debated jurisprudential and doctrinal interests of children, to a resolution of joint custody.

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To understand, if before the reform there was in itself a most appropriate parent to get custody of a child (even though the vast majority of cases ended up being the mother), after the entry into force of Law no. 54/2006 there is a presumption about the suitability of both parents to continue in their duties as a parent "full time."

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With the release of the new Article 155 cc to consider, as, if there is evidence or circumstances that hinder joint custody (or shared custody), taking into account a series of prognostic data that have already been previously shown by the case law of legitimacy, such as the skills loving relationship, and availability in a continuous relationship, patterns of life and the environment that is able to offer the child.

The mode can be unlocked through joint custody (or shared custody) and that are basically two: 1) the reliance on alternating residence, which is the lower changes in alternating periods of cohabitation at the residence of the one and the other parent or are the respective parents to alternate in the house where the children live permanently 2) reliance on the privileged residence, which provides that the child stays more than everybody else in the home of spouse consider most appropriate.

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In the decision will undoubtedly be taken in analyzing the child s interest to prolong his living environment and in the home where he lived before vanishing affective union of parents and this understandably to minimize the trauma resulting from the separation .

The new regulation also does not specify the rules outlined reliance joint, fully expresses a principle of vital importance: that of the "bi-parenting" and its joint exercise of parental authority. The power belongs to both parents while in the past belonged only to the parent who had custody of the children.

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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