Child custody after divorce

When a marriage is dissolved by divorce, things become slightly complex if there are also minor children resulting from it. Inevitably, questions arise regarding the situation of the children after the divorce is pronounced and how it will be managed by both separated parents. So, we will go into the issue of custody of children after divorce, in accordance with Romanian legislation.

How is custody established?

If the judge has to determine how the relationship between parents and minor children will work, he will take into account their best interests, the conclusions of a psychosocial investigation report and, possibly, what the parents will declare. It is important to consider all these matters in order to take an informed decision without affecting the rights of the minor child.

What age can the minor be to be heard?

If he is already 10 years old, the judge will be obliged to hear him, but he can be heard if he is under this age only if it is considered necessary.

Can parental authority be exercised by both parents?

Yes, in principle. When we talk about parental authority, we mean both rights and responsibilities regarding the child, as well as the child’s assets. For example, both parents have an obligation to provide for his maintenance up to a certain age and under certain circumstances.

But this can also go to a single parent, for good reasons and if it is considered to be more in the child’s interest to do it this way. During all this time, the other parent will, however, have the right to watch over the child’s upbringing and education, but also the right to consent to his adoption.

Only by parents?

No, parental authority can be exercised even by another relative or in a protective institution. Regarding the child’s assets, the court will intervene and decide whether these rights will be exercised by the parents jointly or by one of them.

Where will the minor child live?

In principle, the minor child will live with the parent with whom he lives permanently, but exceptionally, he can live with grandparents, other relatives/persons or a protective institution.

However, separated parents have the right to have personal contact with their children.

How will expenses be shared?

The judge will establish in the divorce decision the expenses of raising, educating, teaching and professional training for each parent.

What if the situation changes?

It is very possible that the situation will change, but it is not an impediment, in the sense that the judge will take all necessary measures to restore order.

Miruna-Casiana Dumitrașcu

                                                                                    Content Creator R&R Partners Bucharest

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