In the field of Private Investigations aimed at gathering information requested by private citizens, the investigative institute AIRO offers its professionalism, resources, and expertise for the collection of evidence to be used in cases of child custody and protection.

The investigative activity aimed at the collection of evidence to be used in court can address two fundamental themes.


Incapacity or inadequacy (total or partial) of the parent for child custody

It is now an established practice that the separation, even de facto, of two parents involves joint custody of the offspring.
However, it is possible for the judge, if he deems that "custody by the other is contrary to the child's interest" (art. 155 bis c.c.), to order through a reasoned decision predominant or exclusive custody to one parent.
It is the judge's delicate task to assess, in the specific case, the parents' suitability for custody.
Proving the incapacity or inadequacy (total or partial) of the parent becomes crucially important.
The activity of the private investigator is aimed at gathering evidence, in the best interest of the minor children, regarding: abusive or violent behavior, mistreatment, neglect, and lifestyle incompatible with parental responsibility that may jeopardize the normal psycho-physical development of the minor (engaging in illegal activities in their presence, using drugs or abusing alcohol that dangerously alters behavior towards the offspring, inappropriate associations, personal degradation, etc.).
The collected evidence will be documented and included in an investigative report usable in court.


Real financial and employment status of the parent, for the determination of child support payments

Child support consists of periodic financial assistance that the ex-spouse is obligated to provide to fulfill the obligation of material assistance to the offspring.
The judge determines to whom the minor child should be entrusted, with whom they should be primarily placed, establishing the times and methods of visitation with the other, also setting the amount of the child's support payment for care, education, and nutrition, taking into account the current needs of the offspring, the time spent with each parent, and the financial capabilities of each parent.
It is therefore of fundamental importance to be able to demonstrate the actual working and financial conditions of the parent, to facilitate the correct quantification of child support.

It often happens during investigations to come across subjects who claim to be indigent but evade most of their income, demonstrating a standard of living completely incompatible with the state of indigence declared to the judge. In many cases, in fact, the activity of the private investigator has proven crucial to uncover the truth, in the best interest of the minor children.

Recent Supreme Court Rulings on Child Custody and Protection

Civil Cassation Section I 03/06/2019 no. 6535
In matters of custody of children born out of wedlock, the rule of joint custody of children can be derogated only when its application proves to be “detrimental to the interest of the minor,” with the dual consequence that any decision for sole custody must be supported not only by a positive motivation regarding the suitability of the custodial parent, but also negatively regarding the educational unsuitability or manifest deficiency of the other parent, and that joint custody cannot reasonably be considered precluded by the objective distance between the parents' residences, as this distance may only affect the regulation of the times and methods of the minor's presence with each parent. Joint custody of minor children by both parents constitutes the ordinary custody regime which is not hindered by the existence of conflict between the spouses, except when such a regime is detrimental to the children's interest, altering and seriously endangering their psycho-physical balance and development.

Civil Cassation Section I 12/09/2018 no. 22219
The rule of joint custody of children by both parents, previously provided by art. 155 of the civil code regarding the personal separation of spouses and now by art. 337-ter of the civil code for all proceedings indicated by art. 337-bis of the civil code, does not exclude that the minor is placed with one of the parents and that a specific visitation schedule with the other parent is established.

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