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A rather important matter is relating to the foster care of the children in case of division, divorce or end of cohabitation of the spouses without being married. The importance of the debate is caused not only by the unfortunate truth of the increase in tearing cases of the family units.
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This one, as we will show you, pursues as essential aim the participation of parents in relation to their obligations towards their children, removing the danger of making worse the unfavorable outcome of the trend of married life with the responsibilities as a father or mother, which persist even after a separation or divorce.
The rights and duties between parents and children are not part of the sphere of the relationship between spouses and have values and nature fully different, since they appear directly from the relationship of filiation which is guaranteed also by the constitution.
It is a standard procedure that foster care of children, especially if very young, is arranged under the mother’s charge. There can be very unusual circumstances, in which, or by agreement between the spouses, or to better protect the child, foster care is granted to the father.
There is also the so called joint foster care or alternate foster care. In these cases, the duties and carelessness of the parents are shared more fairly. But these types of foster care are not greatly wanted by the parents during the separation for obvious practical hindrances that a such resolution determine.
The foster parent, unless otherwise decided by the judge, enjoys the exclusive exercise of parental authority and the legal use of minors properties. However, the important provisions are regularly accepted by both spouses. The non foster parent must go ahead supervising the children and can turn to the judge if he believes that compromising resolutions have been adopted for the same.
Generally, to defend the interests of children, especially if minor, the house of the spouses is granted to the foster parent to ensure that their children could stay in the same environment in which the born and raised.