Sole Custody in Italy: What It Is and How to Request It

Sole custody of children in Italy: when It can be granted, legal requirements, procedures, and consequences

What is sole custody in Italy?

Sole custody refers to a legal arrangement in which one parent exercises primary parental responsibility and becomes solely accountable for the child’s physical and emotional well-being.

This arrangement can be requested from the court by either the mother or the father but only under specific and well-founded circumstances.

Although both parents retain legal parental responsibility, the custodial parent is entitled to make everyday decisions. Major decisions (regarding education, health, and upbringing) are usually made jointly, unless the court grants “enhanced sole custody”.

Sole custody may also apply to unmarried parents and is considered an exceptional solution, implemented only when it serves the child’s best interests.

Duration of sole custody

Sole custody is not necessarily a permanent or fixed-term decision.

It remains valid until a new court ruling modifies the arrangement.

This means that sole custody can last until the child reaches adulthood unless a significant change in circumstances justifies a revision (e.g. improved parenting capacity of the non-custodial parent or a substantiated request for modification).

A parent may file a new petition to alter custody by proving that the current arrangement no longer serves the child’s best interests.

Sole vs. Joint Custody

The main difference lies in the exercise of parental responsibility:

• Joint custody allows both parents to share responsibility and make major decisions together, even if the child predominantly resides with one of them.
• Sole custody, in contrast, gives one parent the primary role in the child’s daily life and decision-making. The other parent retains some rights (such as visitation and participation in major decisions), but their involvement is significantly reduced.

Italian law generally favours joint custody (Law No. 54/2006), while sole custody is only granted when the involvement of one parent is deemed harmful or inappropriate.

When can a parent request sole custody?

Sole custody can be requested when one parent can demonstrate that the other is unfit or unable to ensure the child’s well-being.

The judge will consider the child’s best interests, and, when appropriate, take into account the child’s own expressed preferences.

Valid legal grounds include:

• Joint custody would negatively affect the child;
• One parent is incapable or unwilling to care for the child;
• One parent shows complete moral or material neglect.
• The child, if mature enough, justifiably refuses contact with one parent;
• One parent has committed acts of physical and/or psychological abuse;
• One parent has engaged in parental alienation, manipulating the child against the other parent;
• One parent has abducted the child, impeding the other’s rights;
• One parent has become untraceable following separation.

In some cases, to prevent international child abduction, the court may also impose a travel ban on the child through urgent proceedings.

How does sole custody for the mother work?

Although Italian law does not distinguish between mothers and fathers, in practice courts more frequently award sole custody to the mother. This reflects the reality that, in many cases, mothers are historically the primary caregivers.

When sole custody becomes necessary, judges often favour maintaining continuity in the child’s routine to avoid emotional disruption.

If one parent is clearly the child’s main caregiver (handling school, health, meals, etc.), custody is typically granted to that parent—more often the mother.

However, courts assess each case individually. Fathers can be awarded sole custody if they demonstrate greater stability, availability, or if the mother is deemed unfit.

According to the Italian Court of Cassation, custody decisions must be based on the parents’ past conduct and how they fulfilled their parental roles.

Sole custody for the mother is therefore not automatically the best solution, though it remains the most common outcome in separation cases.

Situations that do not justify sole custody

Courts generally do not grant sole custody for the following reasons:

• One parent’s homosexuality;
• Religious differences or conversion to another faith;
• Arrest without conviction;
• Long geographical distance between the parents;
• One parent’s relocation to another city;
• Frequent childcare provided by grandparents.

How to request sole custody

To request sole custody, the parent must submit a formal application to the competent court. This can be done at any time, even after joint custody has already been established.

The judge may:

• Identify the most suitable parent;
• Explain why the other parent is deemed unfit;
• State what best serves the child’s overall interest.

How long does a sole custody case take?

The length of a sole custody case depends on its complexity, the court’s workload, and the level of parental disagreement.

On average, proceedings take 6 to 18 months, but more complex cases may take longer, particularly if:

• Expert psychological assessments or court-appointed evaluations (CTU) are needed;
• Children or witnesses must be heard;
• Interim or urgent measures are required.

The court can issue temporary orders early in the process to ensure the child’s stability.

The process can be expedited by involving a lawyer, preparing thorough documentation, and demonstrating urgency.

Consequences of sole custody

The implications of sole custody are mainly practical:

• The custodial parent is responsible for the child’s everyday care;
• The non-custodial parent:
  • Retains parental responsibility, but only within court-defined limits;
  • Keeps visitation rights, which may be restricted;
  • Can still participate in major decisions, unless otherwise ruled by the court.

In summary, sole custody imposes duties on both parents and does not eliminate the non-custodial parent’s right to see the child or participate in their life.

Sole custody and visitation rights

Even under sole custody, the non-custodial parent has the right to visit the child unless the court restricts or suspends this right due to serious concerns.

Court orders may specify precise visitation arrangements, including dates, times, methods, and locations.

In sensitive situations, visits may be supervised or held in neutral settings to safeguard the child.

The overarching goal remains the child’s well-being and the preservation of bonds with both parents, whenever possible.

Violations of visitation rights may lead to sanctions or even changes in the custody arrangement.

What is enhanced sole custody (so-called “super exclusive custody”)?

Enhanced sole custody is a stricter form of sole custody in which only one parent is allowed to make all major decisions independently.

This measure is applied in serious cases, such as:

• The non-custodial parent is clearly unfit or dangerous;
• Persistent and systematic disinterest in the child;
• Serious breaches of parental duties.

Seeking legal advice

If you are considering applying for sole custody following a separation, divorce, or family conflict, do not hesitate to contact our Family Law Department. Together, we can assess the custody solution best aligned with your child’s best interests.

FAQ Sole Custody in Italy

 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
 
 
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Calogero Boccadutri

Calogero Boccadutri is the Managing Partner of Boccadutri International Law Firm. He has trial experience in Forex, Personal Injury and Administrative litigation.