Custody and supervision of minors

The exclusive custody

The exclusive custody of minors to only one of the parents is provided for whenever a judge considers that custody to the other parent is contrary to the interests of the minor. When a family breaks up, in the presence of minors the “problem” of defining the methods of their management and, de relate, of their maintenance emerges.

It is known that the fundamental criterion which the judge must comply with for the custody of minors is the exclusive moral interest in the material of the offspring, which requires favoring the solution that appears most suitable for minimizing the damage deriving from the disintegration of the child. family unit and to ensure the best development of the minor’s personality, regardless of the request or any agreement between the parents.

This requires a judgment on the ability of the single parent to raise and educate the child, to be expressed on the basis of concrete elements relating to the ways in which each one played their role in the past, with particular regard to the capacity for emotional relationship, to the personality of the child. parent, to the attention, understanding, education and availability for an assiduous relationship, as well as to his habits of life and to the social and family environment that he is able to offer to the minor.

Shared custody, which presupposes the ability for parents to establish an optimal and prolonged harmony on the educational choices relating to their children, therefore constitutes the ordinary regime of foster care.

On the other hand, sole custody constitutes an exceptional solution, allowed only where there is a manifest lack of educational inadequacy or in any case such as to make the shared custody in practice prejudicial and contrary to the exclusive interest of the minor

Exclusive custody must also be particularly motivated, with regard not only to the potential harm caused to children by shared custody, but also to the suitability of the custodial parent and the educational inadequacy or manifest deficiency of the other

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The role of the private investigator

In the event that sole custody is to be obtained, it is therefore necessary to prove and document that the conduct of one of the parents makes the shared custody contrary to the interest of the minor. In this case, the intervention of the private investigator is decisive in gathering all the evidence necessary to obtain the exclusive assignment.

Control over minors

However, our investigative agency is also committed to the protection and control of minor children. In fact, the cases of minors involved in news events are constantly increasing, amplified in recent years also by the spread of technological means such as smartphones and social networks. Parents are not always able to constantly monitor the conduct of their children, also due to the increasing lack of time, and therefore are not always able to perceive any risk situations in time. The improper use of modern means of communication or bad company can in fact seriously compromise the future of young people, also exposing parents to legal risks.

A timely intervention by a professional can therefore allow parents to recover in time situations at risk that could otherwise degenerate.