In case of separation of spouses with common minor children, the rule is joint custody, in which case, custody is shared among parents. The judge is entitled to award sole custody of the child to one parent when the shared custody causes a damage to the minor. Sole custody is not easy to obtain and it requires serious omissions from one of the parents (law 54/2006).
The request needs to be motivated and, therefore, it is fundamental to demonstrate the inability of the other party to be a fitted parent and/or that the other parent is a danger for the minor. It is then up to the judge to evaluate, case by case, the circumstances on which the request for sole custody is grounded. Some of the reasons on which judges grant full custody are: abuse or violence, neglect, lack of affection, and sharing with the minor critiques of the other parent.
The investigation in support of a request for sole custody, carried out with the competences of the investigative agency Gruppo Investigativo Dogma S.r.l., allows to:
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