Parental Rights Case

Parental Rights Cases

In practice, situations often arise in which divorce, separation, or serious disagreement between parents prevents the joint upbringing of the child. In such cases, court proceedings are the means of resolving the dispute, with the court determining to whom parental rights will be granted and how they will be exercised. This requires competent legal representation by an experienced attorney who will protect the interests of both the child and the parent.

When is the parental rights case initiated?

Cases concerning parental rights may be initiated in the following situations:

• after divorce – by mutual consent or through contested proceedings;
• when the parents have not been married but live separately;
• when it is impossible to reach an agreement regarding the child’s place of residence, the regime of personal contact, or child support.

According to the Family Code, parental rights are exercised by mutual agreement between the parents, and in the event of disagreement, either parent may bring a claim before the court. The court is always guided by the child’s best interests and assesses the parents’ parenting qualities, the care provided to date, their financial capabilities, and the social environment.

How does the case proceed?

Claims for parental rights are often joined with a claim for child support. During the proceedings, the court examines issues such as:

• the exercise of parental rights;
• the child’s place of residence;
• the regime of personal contact;
• the amount and method of child support.

The court requests an opinion from the Social Assistance Directorate and analyzes the parents’ parenting qualities, previous care, material means, housing conditions, support from relatives, the child’s emotional attachment, and their social environment.

In the event of a divorce without a reached agreement, the court rules ex officio and determines the measures concerning parental rights, personal contact, and child support, always prioritizing the child’s best interests.

Agreement on parental rights

If the parents reach an agreement, a settlement is drafted regulating:

• the child’s place of residence;
• the regime of personal contact with the parent who will not exercise parental rights;
• the amount and method of child support.

Regime of personal contact

This determines the periods during which the parent who does not exercise parental rights may spend time with the child, including holidays and vacations. The court sets the regime by considering the child’s best interests and the parents’ capabilities, ensuring a stable and safe environment.

Restriction and deprivation of parental rights

These measures are applied only in exceptional cases, when a parent’s behavior endangers the child’s life, health, upbringing, or property. Deprivation of parental rights is imposed in cases of serious violations, for example, refusal to provide care or failure to pay child support without valid reason.

Why an experienced attorney is necessary

Parental rights cases are complex and emotionally demanding. Every court decision directly affects the child’s life. An experienced family law attorney is essential to achieving a fair outcome, protecting the parent’s interests while placing the child’s rights and well-being first.

The Law Office “Radoslav Shulev” has extensive experience in family law, providing:

• effective procedural representation;
• careful analysis of each case;
• individualized strategies ensuring the best possible development for the child;
• support in the peaceful resolution of disputes through mediation.

Act today – protect your rights and your child’s future

In parental rights cases, every day matters. The right strategy and timely legal intervention can be decisive for the outcome of the dispute. Our law firm will stand by you at every step—from the initial consultation to the full conclusion of the case.