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The aforementioned joint custody legislation has nevertheless implemented an innovation in the area of separation and divorce, but to be fully enforceable it must have a real implementation, without uncertainties or hesitations.

In this regard, the action of all legal technicians must be arranged, from lawyers to judges: the latter, mainly, have the duty to act in a family context already affected by procedures that seek to avoid discord between former spouses and facilitate, in anticipation of a joint custody, the cooperation among them even after the divorce.

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In some cases there are hesitating judicial procedures because they do not consider the innovative value of the provision.

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For example: in the situation of a very complex and difficult divorce, the magistrate establishes for the joint custody of the offspring, but decides neither the hours nor the days of the meetings nor the management of the right of attendance of the spouse who does not live in the same house , leaving all indications of implementation to the wives; such a consideration, if on the one hand can be considered right, on the other hand is contestable.

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Joint custody: the purpose of a fair procedure. The condition of great difficulty supposed does not explain or authorize, in my opinion, the vast decision and indefiniteness established in matters of custody (such as: absence of hours and days of meeting) and indeed the broad generality of the magistrate s ordinances almost always generates few obstacles on the management of the right of attendance of the spouse who does not live in the same house, to the detriment of the same tranquility of both consorts, who do not come to resolve their differences, continuing to reason and debate on the value of the presidential rules.

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A procedure with such rules is undoubtedly appreciable to allow the consortium to become aware in the family management of their relationships with the offspring, however often it does not achieve the desired results, if anything, in its valid application, on the one hand, to subtract the offspring of his sacrosanct right to have a stable and constant relationship with both spouses, and on the other hand aggravates conflicts between the parents.

In some situations it is useful to determine some exact and regular provisions, which do not allow to act in complete freedom for those compromised and marked by the marriage crisis, to examine with clarity what are the basic needs of the offspring, which become psychological or psychological means. even more "cups" to be obtained on the "battlefield".

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Fixing precise provisions in a joint custody does not absolutely mean resolving all the contrasts, since conflicts arise even when the magistrate establishes certain rules, but the absence of them certainly brings doubts and insecurities, which elude any effort of understanding.

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The study team provides legal protection and defense to support legal activities for the judicial approval of paternal or maternal belonging before the competent judicial authorities (Ordinary Court, Juvenile Court).

Consequently, the judicial process to be carried out to recognize the legal status of a natural child is enumerated.

Recognition of paternal and / or maternal belonging. Recognition of paternal belonging with the DNA test Article 269 of the Italian Civil Code, regulating the organ of judicial recognition of paternity and / or maternity, states:

"Paternal and maternal belonging can be explained at the judicial level, in the situation in which recognition is allowed.The paternal and maternal verification can take place with any instrument ... only the affirmation by the mother and the only subsistence of relationships between the mother and the supposed father at the moment of conception do not represent paternal investigation ".

For our legislation, therefore, those born outside the marital union and not declared at the time of birth by one of the spouses, can bring a procedure before the Judge to have a provision declaring the belonging of the children, that ex art . 277 of the civil code, generates the same results as the recognition.

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The judicial practice is different according to the age of the child, that is if he is an adult or a minor: in the first hypothesis the procedure of judicial recognition of paternal and / or maternal belonging is sustained before the ordinary Judge, while in the second hypothesis the case Judge of minors.

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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