In 30 seconds
- According to the article, in separation the law now provides for joint custody of the children, in their interest.
- The children can stay with both parents by a judge’s order or amicably.
- Sole custody is requested in the more complex cases and is decided by the Court.
Updated on October 15, 2026.
During separation, child custody is one of the most complex issues to resolve.
It is at this moment that the fate of the children is decided: their custody, their maintenance, the visiting schedules of the spouses and their residential placement.
The mother is most often considered the parent best suited to the child’s psychological and physical development once the marriage is over.
But for the good of the children the law now provides for joint custody.
The children will be able to stay with both the father and the mother through the orders adopted by the judge or amicably between the spouses.
The parent with whom the child lives almost always obtains the assignment of the marital home and a maintenance allowance for the children.
In more complex cases in which one of the spouses requests sole custody the Court will have to decide on the (cite the consequences)
In any case, after coming of age the child will be free to choose where to live and with which of the parents ….
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The route that usually makes sense
The possible routes
- An amicable agreement between the spouses on custody, visits and placement of the children.
- The judge’s orders, if there is no agreement.
- A request for sole custody by one of the spouses, in the more complex cases.
Which one usually makes sense and why
It usually makes sense to seek an amicable agreement first, because the article indicates that the children can stay with both parents even amicably. The law provides for joint custody in the children’s interest. If agreement is not possible, the judge decides.
What to do right away
- Write down what you want to ask for on visits, maintenance and placement of the children.
- Gather the documents on the family and financial situation.
- Get assistance before signing agreements with the other spouse.
Every situation must be assessed on the documents of the specific case: this indication is not a promise of any outcome.
How Avv. Fiorentino can assist you
- Put the children at the centre: the visiting calendar and daily habits help to find a realistic agreement.
- Note down the children’s ordinary expenses: they are needed to discuss maintenance.
- Avoid drastic decisions about the home or the children before asking for an opinion.
The Firm assists you remotely as well, with online documents, and gives you a written quote before the engagement. We see clients in Naples, Rome and Bari by appointment.
Frequently asked questions
What type of custody does the law provide for?
According to the article, for the good of the children the law now provides for joint custody.
Who do the children stay with?
According to the article, they can stay with both the father and the mother, by a judge’s orders or amicably between the spouses.
Who gets the marital home?
According to the article, the parent with whom the child lives almost always obtains the assignment of the marital home and a maintenance allowance for the children.
When is sole custody requested?
According to the article, in the more complex cases, and the Court decides. Each case must be assessed on the documents.
Sources: Civil Code, artt. 337-bis and following (Normattiva). Author: Avv. Renato Giuseppe Fiorentino, Naples Bar. Informational text, it does not replace an opinion on your case. Drafted with the help of artificial intelligence tools and reviewed by the Firm.
(Read also): Legal guides from Studio Legale Fiorentino · Home and properties in separation and divorce: how to transfer ownership without mistakes · Community or separate property: what really changes between husband and wife
Translated from the Italian original; updated on October 18, 2026.
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.