While the end of a marriage does not mean the end of parenthood, it nevertheless deprives children of part of the relational heritage upon which they had founded their affection and existence. Article 30 of our Constitution establishes parents' responsibility and duty to provide for the support and well-being of their children . This obligation is echoed in Article 147 of the Civil Code and reaffirmed in Article 155. It is a mandatory principle and does not cease with separation or divorce.
Parents: shared custody
In March 2006, Law No. 54 on shared custody of children in separation and divorce came into force: " Even in the event of a legal separation of the parents, the minor child has the right to maintain a balanced and continuous relationship with each of them, to receive care, instruction, and education from both, and to maintain meaningful relationships with ascendants and relatives on each parental branch ." Article 155 of the Civil Code states that the minor child has the right to maintain continuous contact with both parents , even when the family structure changes as a result of separation. It is the parents' and the judge's responsibility to ensure that the parental relationship is maintained. All children wish to see their parents always united, and when this does not happen, institutions, the law, and the family itself should intervene to avoid negative consequences or repercussions in adult life.
The role of the law for parents
Joint parenting becomes difficult to maintain when two spouses are in bitter conflict; it becomes complicated and sometimes impossible to perfectly divide the time a child should spend with their mother or father. Shared custody means ensuring that children spend as much time with each parent as possible. Separated/divorced parents must actively respond to their children's daily needs, such as supporting their education and schooling, caring for their health, and supporting them in sports or recreational activities. When both parents have joint custody, the law requires that parental authority be exercised jointly, that is, by mutual agreement. Parents are expected to work together to ensure the best interests of their children, and the judge is also responsible for this when the father and mother fail to do so. If one parent fails to comply with the law, they may face sanctions or measures imposed by the judge and enforced by the criminal justice system.
Parenting in the past
In ancient times, child custody was automatically granted to the father , as they were considered his property. Over the course of the 20th century, with the evolution of law and social issues, a more focused and attentive view of the child's needs emerged. Automatic custody to the father was almost entirely eliminated, and preference was given to mothers in almost all cases (90%). The father assumes a less marginal role as a point of reference in the children's lives, and complements or replaces the maternal figure in certain responsibilities, where necessary. Until 2005, exclusive custody of minor children to the mother was the prevalent measure. Starting in 2006, coinciding with the introduction of Law 54/2006, the number of custody orders granted to the mother decreased in favor of the new type of shared custody . A significant number of separated fathers, between 25-30% (1998 ISTAT data), abandon all contact with their children within a few years of separation. This percentage increases rapidly as the years of separation pass.
New fathers
British psychologist John Bowlby's (1980) studies on parental attitudes and values reveal that paternal care is often not considered essential for the child's physical and psychological well-being. These ideas are increasingly anchored in the common sense that infant attachment is a process that involves the exclusive mother-child relationship. Sociologists Francesca Zajczyk and Elisabetta Ruspini (2008) conducted a survey of new fathers , those most willing to take responsibility for their children and their problems. This research revealed that the average amount of free time spent with their children has increased in recent years from 27 to 45 minutes per day. It should be noted, however, that the quantitative dimension of paternal presence alone does not exhaust the role and function of parenting. It is also important to analyze the qualitative aspects of the time spent with children, regardless of the activities performed. For this reason, the percentage of fathers taking parental leave in the workplace has been growing in recent years , as the concept of "responsible fatherhood" appears to be gaining ground, which translates into fathers being more available to their children. Being consistently present for all of their children's needs allows for the development of practical and relational skills and fosters parent-child bonding, with positive effects on the relationship itself.
Elena Salvini
