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The standard joint custody should interpret this as a shift occurred as a result of heated debate jurisprudential and doctrinal interest of the children to a solution of joint custody so not as the rule of joint custody or provision is to protect and safeguard the interest parents even emotional.

Before the reform did not exist a parent more likely to get custody of a child (although in most cases ended up being the mother), in accordance with Law no. 54/2006 there is a presumption about the suitability of both parents to continue their duties as parent "full time."

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With the introduction of the new text of Article 155 cc will consider whether there are specific situations that preclude or joint custody (or shared custody), taking into account a number of factors prognostic who ve been in the past indicated the case-law of legitimacy, such as the ability to emotional relationship, availability in a continuous relationship with the habits of life and the environment that is able to offer the child.

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The ways which can relate to joint custody (or shared custody) are two, namely: 1) the reliance on alternating residence, characterized in that the lower alternating periods of cohabitation at the one and the other parent or are the same parents to alternate in the house where the children live permanently and 2) reliance on the privileged residence, which provides that the child resides primarily at the home of the spouse consider most appropriate.

In the choice will always take into consideration the interests of the child to continue to live in the environment and in the home where he lived before the dissolution of the union affective of the parents and this obviously to minimize the trauma resulting from the separation.

The new rules while not indicating the guidelines for the practical application of the institution of joint custody, fully expresses a principle of fundamental importance: that of the "bi-parenting" and its joint exercise of parental authority. The power is for both parents while in the past it was merely the parent who had custody of the children.

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