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These forms of custody, however, are little esteemed by the parents during the separation to the obvious practical difficulties that such a decision entails. The parent with custody, if not differently provided by the Judge, has the exclusive exercise of parental authority (art. 155, 3 ° co. cc) and the legal usufruct of property of minors.
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However, the decisions that count are usually adopted by both spouses. The noncustodial parent must continue to monitor the offspring and may appeal to the court if he considers that adverse findings have been taken for the same.
Usually, to protect the interests of children, especially if minors, the marital home is given to the parent with custody (Art. 155, 4 ° co. Cc) to avoid changing on the environment in which the offspring is born and raised.
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The parent who has custody of the children must also attend to meet the needs of children. That is bound to grant a monthly allowance, the amount will be determined on a case by case basis and redefined annually according to those who are the indices Istat.
This amount is different than the other person what has the right, due to maintenance or food and can combine with this. Furthermore, the non custodial spouse will need to work for half of the costs of outstanding fees for the child and their education, medical treatment and for the sports or recreational activities.
In the event that the obligation is not fulfilled, there will be an enforcement procedure to obtain the sums due by way of maintaining, or fulfilling a seizure on assets of the person who owes or at a fixed sum to the lender (ex. The employer work).
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