Obtain Exclusive Custody Permit in Italy

Updated on Friday 03rd May 2019

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Immigration is one of the world’s most important matters considering the large number of individuals moving from one country to another mainly for work purposes. Italy, too, has faced and still deals with a great number of immigrants from European and non-European countries.

The immigration of a married individual can often be a problem of a couple, especially when children are involved, as most of the times women who immigrate to Italy tend to ask for exclusive custody of the child or children.

In order to immigrate in Italy with the children, a divorced parent needs to obtain an exclusive custody permit. Below, our immigration lawyers in Italy explain the legal grounds under which such permits can be obtained. We can also assist in exclusive child custody permit matters in Italy, so do not hesitate to rely on our immigration lawyers.
 

Child custody in Italy


Italy has very strict regulations when it comes to marriage, divorce, child custody, and parental rights, but most of all, the Italian Civil Code provides for the welfare of children resulting after the dissolution of a marriage.

Recent changes in the Italian legislation refer to obtaining the same rights over child custody not only for married couples but also for civil unions which have broken down. Moreover, foreigners immigrating to Italy can benefit from protection if they want to apply for exclusive child custody permits under international agreements which also provide for the best outcome for children.

Our immigration lawyers in Italy can offer legal support to immigrants who want to obtain exclusive child custody permits and bring their children here.
 

Types of child custody permit in Italy


It is important to know that there are 3 types of child custody permits which can be obtained in Italy: sole or exclusive custody, joint custody, and alternate custody.

In case of immigration to Italy with the children, divorced couples need to know the following aspects of obtaining an exclusive child custody permit:
 
  • most of the times, a court in the country in which the child was born will rule over custody matters during the divorce;
  • in case one of the parents decides to immigrate to Italy, he or she can agree with the other parent to have an Italian court decide on the custody;
  • no matter the court trying the case, the best interest of the child will always be at the center of the decision, including when applying for an exclusive child custody permit in Italy;
  • a new decree issued in 2014 allows spouses to negotiate the terms of a divorce, including child custody.

The decree in discussion refers to the Collaborative Divorce Proceedings and our immigration lawyers can offer detailed information related to foreign citizens seeking to obtain exclusive child custody permits in Italy.
 

Important factors when applying for an Italian exclusive child custody permit


In order to apply for an exclusive child custody permit in Italy, the parent seeking to immigrate here or who is already here  should pay attention to the following aspects:
 
  1. the court will consider the health of both parents when awarding the child custody;
  2. the health of the child and the ability to travel will also be considered by the court (in case the child does not live in Italy at that moment);
  3. the financial support the immigrant parent will be taken into consideration by the court;
  4. the agreement of the other parent will also be needed when applying for exclusive child custody in Italy, however, visiting rights must be established;
  5. in the case of children aged above 12, the Italian court will ask about their preferences.

When it comes to an exclusive child custody permit, there are no limitations to those seeking to immigrate to Italy, according to some precedent cases tried by the Juvenile Court in Bologna.

We kindly invite you to discuss your case with our immigration lawyers in Italy. They will be able to offer personalized solutions which can help you obtain an exclusive child custody permit in Italy.
 

Assistance in obtaining exclusive child custody in Italy


Child custody is a very delicate matter which is why when deciding to apply for an exclusive child custody permit in Italy you will need specialized advice from lawyers who deal with both immigration and family law matters and who can interconnect regulations which can lead to a successful outcome.

Our Italian immigration lawyers can advise on all the documents which need to be prepared when applying for an exclusive child custody permit.

Do not hesitate to contact us if you need assistance in immigration and applying for various types of visas, including Italian residence permits for you and your children.