Nesting in Italy: An Alternative Custody Model for Children After Separation

When parents separate, one of the most delicate issues is how to organize child custody while minimizing emotional disruption. A modern and increasingly discussed option is “nesting”—a family arrangement where children remain in the family home, and the parents alternate living there based on a shared schedule.

This solution has become more relevant in conversations around Italian estate planning and family law, especially as it impacts not only emotional well-being but also issues tied to inheritance in Italy and rights to property.

What Is Nesting and How Does It Work?

In traditional post-separation custody, children move between the homes of their parents. Nesting reverses this: the children stay in the family home, and it is the parents who rotate in and out based on an agreed schedule.

This method can reduce the psychological toll of separation, preserving a sense of stability and familiarity in the children’s daily lives. It also avoids the stress of constantly transitioning between households. Nesting is especially useful when the family home is emotionally significant or tightly linked to the children’s routines.

Legal Framework: Custody in Italy

Under Italian inheritance law and family law, shared custody is now the standard. Law no. 54/2006 promotes co-parenting, ensuring that both mother and father remain involved in the child’s upbringing after separation.

Joint custody means both parents:

• Share responsibility for the child’s education, health, and general welfare
• Must make major decisions together
• Remain significant presences in the child’s life, regardless of who the child lives with day-to-day

According to Italian succession law, this ongoing involvement can affect decisions about family property, especially when minors are involved in estates or if inheriting property in Italy is in question.

Nesting and the Family Home

Typically, after a separation, one parent is assigned the family home—usually the one with whom the children live most of the time. This arrangement is guided by Article 337-sexies of the Italian Civil Code, which prioritizes the children’s best interests, not the property ownership.

In a nesting arrangement, however, neither parent retains permanent control over the property. Instead, both parents take turns living there. The children remain in the home full-time, maintaining a stable environment.

This approach has practical benefits for Italian estate tax and selling inherited property in Italy. Keeping the property undivided and in continued use by children may delay or simplify succession issues in some cases.

When Is Nesting Used in Italy?

While nesting is not yet widespread in Italy, recent rulings support its use when parents can cooperate. For instance:

• The Court of Appeal of Turin (Decree No. 314/2024) approved nesting for two children whose parents had joint custody.
• The Court of Cassation (Ruling No. 6810/2023) affirmed that nesting requires well-structured parental agreements and must always serve the child’s welfare.

Another ruling (No. 22266/2020) allowed dividing the family home into separate areas for each parent—again, only where conflict was minimal and the situation could support such a setup.

Nesting and Property Rights

Nesting also raises questions about the use of the family home during and after separation. Even if one parent owns the home, they cannot evict the other if a judge assigns the home for the children’s residence. The right to stay in the property can end, however, if the children become independent or if the parent begins a new stable relationship.

These issues have implications not just for custody, but also for probate in Italy, and for cases where parents later donate property (donation in Italy) or restructure ownership for Italian estate planning reasons.

US Citizens and Nesting in Italy

For a US citizen inheriting property in Italy or raising children with an Italian partner, nesting may be considered as part of a broader parenting and legal strategy. In cross-border families, it’s important to align decisions about custody and real estate with international inheritance rules and tax regulations, especially to avoid issues related to inheritance tax Italy or future disputes over selling inherited property in Italy.

Conclusion: Is Nesting the Right Solution?

Nesting can provide stability for children after a separation, allowing them to maintain routines, friendships, and emotional safety. It works best when parents have a cooperative relationship and are able to commit to structured agreements. However, it also raises complex issues about property, tax, and long-term planning, especially in the context of Italian succession law.

Whether you’re navigating a separation or planning ahead through Italian estate planning, it’s essential to consult legal experts familiar with both family and inheritance matters. Nesting may not be suitable for everyone, but in the right circumstances, it can offer children a smoother transition and preserve the sense of home during a difficult time.

VGS Family Lawyers is a law firm that specializes in family law matters such as inheritance, separation and divorce, child custody, and more.
In case you need assistance, please write to: info@vgslawyers.com.