Shared Parenting
Shared parenting, known in Bulgarian law also as “joint exercise of parental rights,” is a legal regime under which both parents continue to exercise their parental rights and obligations together and separately after a separation or divorce. The main principle is that both parents remain equal and actively involved in all aspects of the child’s life.
General Principles
The Bulgarian Family Code (FC) stipulates that each parent is a holder of parental rights and obligations, with both having equal rights and obligations, regardless of whether they were married. These rights and obligations are exercised by mutual agreement, in the best interest of the child.
Establishment of Shared Parenting
Shared parenting can be established in two ways:
1. By agreement between the parents: This is the primary and legally preferred method. Parents can reach an agreement on all matters concerning the children: place of residence, exercise of parental rights, personal contact arrangements, child support, travel abroad, and issuance of personal documents. When such an agreement is reached, it is submitted to the court, which approves it if it deems it to be in the best interest of the child. The court-approved agreement has the force of a court judgment.
2. By court decision in case of a dispute:
○ Before the legislative changes of 2025: The long-standing practice, affirmed by Interpretive Ruling No. 1 of 2016 of the Supreme Court of Cassation, did not allow the court to order the joint exercise of parental rights on its own initiative if the parents had not reached an agreement. In such a case, the court was obliged to grant the exercise of parental rights to only one parent.
○ After the legislative changes (effective from 30.12.2025): The new provision of Art. 59, para. 3 of the Family Code introduces the possibility for the court to order the joint exercise of parental rights and obligations, even when the parents are in dispute. This is possible if both parents have expressed a desire for it and the court deems it to be in the best interest of the child. In this case, the court determines specific measures for each parent, also resolving any disagreements between them on individual issues.
Content of Shared Parenting
Shared parenting includes the joint exercise of all rights and obligations arising from parenthood, the more important of which are:
● Care and supervision: Both parents care for the child’s physical, mental, and social development and provide constant supervision.
● Decision-making: The parents jointly make important decisions related to the child’s education, healthcare, upbringing, and property interests.
● Time allocation: A personal contact schedule is determined, which includes periods or days when the child resides with each parent, including during holidays and vacations.
● Child support: Both parents contribute to the child’s support according to their abilities and the child’s needs.
It is important to note that even when the exercise of parental rights is granted to one parent, the other is not deprived of their rights and obligations. They retain the right to personal contact, the obligation for child support, and the right to participate in making essential decisions for the child. The shared parenting regime, however, implies a more integrated and equal model of daily care and responsibility.
If you need assistance or a consultation regarding a specific case, you can contact us.