Due to the practice of the European Court of Human Rights and the violation of the family rights of one of the parents, the idea of shared (mutual) parenting is increasingly discussed as a ground for changing the Bulgarian family legislation in this direction. According to the new practice in Bulgaria joint custody could be approved only in case of mutual agreement between the parents as the judge is observing the principle of best interest of the children. So far the joint custody according to the current legal practice in Bulgaria is not possible to be granted by court ruling at discretion of the judge.

The shared parenthood could give equal parental rights to the child in case of divorce.

So far, the court practice in Bulgaria shows that in the case of divorce, the mother is most often given the parental rights which in some cases raises conflicts between the parents, especially in cases when Parental Alienation Syndrome already occurred in such of cases. In cases of Parental Alienation Syndrome the child is rejecting those parent whom the child does not live with.

The idea of mutual parenting is of exceptional importance in cases of divorce or factual separation not to be stopped the contact between the child and both of the parents. Enough time for personal contacts with each parent is a guarantee for normal development of the child and his real relationship with the parents.

 

This article is prepared by “Valova and Angelova” Law firm