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Sometimes people may want to divorce their children even though they are not married. This can lead to a lot of problems. Different authorities are responsible for settling the issues. They have to evaluate different aspects and make sure that things are resolved fairly. Fair means that the child’s custody is given to the parent with the greatest advantages.

If two spouses decide to divorce, even if they have minor children involved, the court will ask the Tutelary Authority (or the Social Services) to give an opinion and draw some conclusions for the court. The court can’t give a sentence until the authority has completed a social investigation to determine the circumstances of the divorce proceedings and the best course of action.

After the divorce proceedings are over, the social investigation takes place at the children’s current homes and at the house where they can be taken. It depends on who is leaving the common home. The court will listen to the children if they are already ten years old. If they are not, they can choose to stay with the parent they prefer. When it comes to the child custody decision, this is taken into account.

A lawyer should be present at the social investigation. This will ensure that the minors’ rights are better protected. This is a practical piece of advice that you should consider if you are going through a divorce or if you want to claim custody of your children.


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