The law firm Cecatiello is always attentive to the evolution of Italian society. In recent years, families have actually managed to achieve important goals. There are new protections not only for couples who decide not to marry but also for children born within realities who refuse to contract the bond that unites them from an emotional point of view.
The law n. 219 / 2012, in force since 1 January 2013 has equated the children born from a couple of cohabitants to those of a married couple. This means that parents have the same rights and duties towards their children.
Furthermore, differences in matters of succession and in relation to procedural jurisdiction have also disappeared. Recent legislation has in fact established that the ordinary Court is competent to resolve issues relating to the custody and maintenance of children of both married and de facto couples.. This innovation presents very positive aspects for the protection of rights.
When a couple decides to separate does not necessarily have to turn to the Court to regularize the methods of custody and child support but it is always advisable to do so even if you only want to formalize an agreement between the parties for the fact that a private writing is not in able to legally oblige parents.
The provisions of the Court, also issued by agreement of the parties, are binding and this allows, in case of default by one of the parents immediate protection that otherwise would not have.
Parents must in fact provide for their needs in proportion to their respective income and economic capacities. After comparing the different positions of the two former cohabitants, it will be necessary to decide which of the two is required to pay the maintenance allowance and the extent of the same. In determining the amount of the allowance, it is necessary to take into account the tenor enjoyed by the children during cohabitation. Another issue to be settled is that relating to extraordinary expenses, usually established at the rate of 50% to be paid by both parents. These costs are related to the growth needs of children and are characterized by their unpredictability and occasionality.
The equalization of natural children with legitimate ones involves the application of the principle of two parents. It means that parental responsibility is exercised by both parents. Different speech must be made for the physical location of the child. The needs of the minor and the needs for his psycho-physical balance must be verified, in many cases it is preferable that the child sleeps and spends his days at the home of the collocating parent capable of ensuring greater presence and care. The Cecatiello Law Firm, with the experience of its lawyers in the family environment, is able to better advise parents to make the best choices in the field of custody and placement of children born out of wedlock through extrajudicial and judicial protection when the parents they can't find an agreement.
Armando Cecatiello, Lawyer Milan and Rome.
Law Firm Cecatiello, specialized in family law, matrimonial lawyer, divorce lawyer, minor maintenance / custody.