CHILD CUSTODY

The custody of minors is a subject of great importance and sensitivity in family disputes. When parents fail to reach an agreement on shared custody, the intervention of a private investigator can play a key role in providing irrefutable and valid evidence in court. In this article, we will explore the role of S.A.S. and how its investigators can help revise the terms of child custody.

The legal context of child custody in Italy

Law 54 of 2006 defines the institution of shared custody, questioning the exclusive custody of a child to the mother. According to art. 155 of the Civil Code, even in the case of legal separation of the parents, the minor child has the right to maintain a balanced and continuous relationship with both parents, to receive care, education and instruction from both and to maintain significant relationships with the ascendants and relatives of each parental branch.

The judge pronouncing the separation of the spouses adopts the measures relating to the children with exclusive reference to the moral and material interest of the children. It shall give priority to the possibility of minor children remaining in the care of both parents or determine which of them are entrusted to, determine the timing and manner of their presence with each parent and determine the extent and manner in which each parent must contribute to the maintenance, care, education and upbringing of the children.

In the event of disagreements, the decision is referred to the court. Decisions of greatest interest to children relating to education, upbringing and health shall be taken by mutual agreement, taking into account the children’s abilities, natural inclination and aspirations. However, the court may provide that the parents exercise parental responsibility separately for decisions on matters of ordinary administration.

The factors that may determine sole custody

Sole custody of children is a limitation that is adopted exceptionally when the interests of the children are called into question. Some of the factors that can lead to exclusive custody are as follows:

1. Difficulty in relating: If the child shows difficulty in relating to one of the parents or shows constant hostility towards one of the parents, going so far as to refuse any type of meeting, the option of sole custody may be considered.
2. Conditioning of children: When one parent conditions children through persuasion and physical and psychological estrangement from the other parent, an unhealthy environment is created for the development of children. This can be a determining factor for sole custody.
3. Violation of the rules of access: If one of the parents repeatedly violates the rules relating to the application of rights of access, in contravention of the essential need for the children to maintain stable and serene relations with both parents, the option of sole custody could be considered.
4. Financial defaults: Fulfilling financial responsibilities to children is a fundamental aspect of parenting. Failure to pay child support may be a factor considered for sole custody.
5. Disinterest in parenting: If one of the parents manifests disinterest in the parental role and becomes untraceable for the children, thus putting their well-being and development at risk, the option of sole custody may be considered.
6. Alcohol and drug addiction: Alcohol and drug dependence by one of the parents can seriously compromise the family environment and the well-being of minors. In the presence of dependencies, sole custody can be a solution to ensure the safety of the children.
7. Violence against children: Physical or psychological violence against children by one of the parents is a determining factor for sole custody. The protection of minors is a top priority.

The role of the private investigator in child custody disputes

The private investigator plays a vital role in gathering evidence and detailed information that can be used in court to support requests to change minors’ custody terms. The investigations conducted by S.A.S. are aimed at providing irrefutable evidence valid in court in order to demonstrate incorrect behavior of the custodial parent, such as abandonment, abuse or custody of minor children to third parties.

The investigative activities of the S.A.S. are carried out with the utmost confidentiality and professionalism, in full compliance with legal regulations. Private investigators can ascertain the reliability and morality of the parent, observing the behaviors manifested in the presence and not of minor children. They can document the suitability of the places where the children live, the people they attend, and the conduct adopted by the custodial parent. In addition, they can ascertain the lifestyle and behavior of the custodial parent, verifying whether they are contrary to the development of the physical and moral integrity of the minors themselves.

At the end of the investigation, the S.A.S. will provide a detailed service report, accompanied by video and photographic evidence. This evidence can be used in court to support a request to change minors’ custody terms to ensure their well-being and safety.

Conclusions

Custody of children is a sensitive aspect of family disputes and requires a careful and accurate assessment of the interests of the children involved. The intervention of a private investigator can be instrumental in providing irrefutable and valid evidence in court, which can help to review the terms of custody of minors. The investigations conducted by S.A.S. aim to document incorrect behavior and guarantee minors’ well-being, offering concrete support in legal disputes related to the custody of minors.