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These are basic provisions, especially after the approval of laws related to foster c.d. in common With this brief discussion I will try to enunciate in a clear way the fundamental provisions that regulate the institution of child custody when a marriage ends.
Should the Court be called on questions related to child custody? It is necessary to differentiate the cases of married and non-married couples.
We explain briefly: in the case of marriage marriage it is obvious that the consorts turn to a court for matters related to child custody, because the question itself is examined in the context of subjective separation; in cases of non-union in marriage, it is not necessary to question the Juvenile Court, but it is right to do so if we want to protect ourselves from every point of view (patrimonial and moral). Indeed, confidential agreements between parents, either verbatim or in writing, are not legally valid, as they concern rights that can no longer be considered.
It is therefore in any case more appropriate to conclude a pact between the parents and have it examined by the Juvenile Court, which confirms the validity and therefore the cogency.
HOW DO I THEREFORE THE CLAIMS ARE DIFFERENT IN THE CASE IN WHICH PARENTS ARE CONJUGATED OR IF THEY CONVIVE SIMPLY? No. The children are the same both if the parents are married and only live together. Parental rights and obligations do not change either.
The only distinction is that the married parents must consider the Ordinary Court for the regulation of relationships, while a couple "in fact" must appeal to the Juvenile Court. What do we mean by "disposition" with respect to these issues? In joint custody it can not happen that the son stays 3 and a half days with a parent and 3 and a half days with the other.
Even in the case of joint custody in almost all cases it is expected that the child will stay for most of the time in the residence of one of the two parents, also to allow him to become familiar with a known environment. So this means placing this place: place where the child will reside most of the time.
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IS AN AFFIRMATION VALID FOR WHICH MOTHER always benefits from a favorable treatment in such cases? First, this could be affirmed. The mother was entrusted to her son, in addition to receiving a substantial subsidy, and the father could stay with his son only 1 or 2 afternoons a week and some weekends.
Now the picture has completely changed. The father can at most stay with his son every day, he can stay there for a weekend every 2, 3 or 4 consecutive weeks every year, the parties with interspersed years, and must be asked in any problem concerning the growth of the child.
Of course, especially when the child is small, the arrangement is preferable (see previous point 4 for the usual explanation) at the mother.
Who is usually the caretaker of the CHILDREN? Following the adoption of the provision on joint custody, the legislation provides equal respectability for parents; therefore it no longer exists - as it happened before - only one parent to refer to. Consequently, if there are no specific warnings, the children are now entrusted to both parents; therefore, the power should be managed in a shared way, evaluating in any case the propensities of the child.