The amendments of Art. 59 Family code from 2026 give the real opportunity for granting of joint custody upon a court decision which is extremely, revolutional change in the family cases in Bulgaria.

The amendment provides as follows: “When both parents have made their pretensions to be granted the exercise of parental rights and this is in the best interests of the child, the court may order joint exercise of parental rights and obligations after the divorce, by determining specific measures for each parent. Where the parents fail to reach an agreement on certain rights and obligations, the court shall resolve the disputes between them.”

Until 2026, joint custody was allowed only by mutual consent of the parents, only by signing of joint custody agreement, whereas under the new amendment such a possibility is also provided in cases where one of the parents does not consent, but only by a court decision.

With that amendment, parents who are not holders of parental rights but wish to spend more time with their children are given the opportunity to initiate court proceedings and submit a claim for joint custody.

This article was created by Valova&Angelova law firm.