The amendments to the Family Code, promulgated in Official Journal No. 115 of 30 December 2025, introduced significant changes to the exercise of parental rights following divorce or separation. The Act was passed by the National Assembly on 18 December 2025, and the new framework now allows broader scope for both parents to take part jointly in raising and bringing up the child where this serves the child’s best interests.
Prior to these amendments, Bulgarian case law generally did not permit the court to order the joint exercise of parental rights in the absence of an agreement between the parents. Under the new statutory framework, this approach has now changed.
IMPORTANT! Under the new Article 59 of the Family Code, where the parents are able to reach agreement, they may agree not only on the child’s place of residence, contact arrangements and maintenance, but also on the joint exercise of parental rights and obligations. In that case, they must also settle the specific measures for allocating those rights and obligations between them. The Act expressly provides that such an agreement may also be reached with the assistance of a mediator.
This means that where parents are able to conduct a constructive dialogue and to place the child’s interests above the conflict between them, the law now expressly allows them to settle for themselves the way in which they will jointly exercise parental rights after the separation. Such a solution is not confined to a general statement that the rights will be exercised jointly. The specific rules by which this will be put into practice must also be agreed.
What changes when there is no agreement between the parents
One of the most significant innovations is that the court may now order the joint exercise of parental rights and obligations even without an agreement between the parents, provided that both have expressed a wish for this and the court finds that such a decision is in the child’s best interests. In such cases, the court must also determine the specific measures by which each parent will take part in exercising those rights and obligations.
This change is particularly important, because until now the lack of agreement between the parents effectively ruled out any possibility for the court to order shared parenting. Following the amendments, it is no longer sufficient merely to establish that there is a dispute between the parents. The court must assess all relevant circumstances and, if it concludes that the joint exercise of parental rights would better protect the child’s interests, it may order precisely such an arrangement.
What is the guiding criterion under the law
Even after the amendments, the guiding criterion remains the best interests of the child. This means that the court is not required to order the joint exercise of parental rights automatically, merely because one parent requests it, or because both have formally expressed such a wish. The decision must take account of the child’s actual circumstances and of whether such an arrangement would provide a stable, secure and predictable environment for the child’s upbringing and development.
The court continues to weigh all relevant circumstances of the case, including the care provided to the child to date, the personal bond between the child and each parent, the child’s age, the environment in which the child lives, and the parents’ actual ability to cooperate in giving effect to the arrangement ordered.
What the joint exercise of parental rights means in practice
The joint exercise of parental rights does not mean a mechanical or mandatory “splitting” of the child equally between the parents. The new framework does not introduce an automatic “50/50” model, but allows for different solutions according to the specific case. This is precisely why the law speaks of agreeing or determining specific measures, rather than a single mandatory model.
In practice, this means it must be settled how decisions concerning the child will be taken, how the child’s daily life will be organised, with whom the child will live, how contact with the other parent will take place, and how questions of education, health, extracurricular activities, travel and other important aspects of the child’s life will be resolved. This is precisely where a well-drafted agreement, or carefully formulated court measures, become important.
Changes to the contact arrangements
The latest amendments also provide a fuller framework for contact between the child and the parent with whom the child does not primarily live. It is now expressly accepted that the contact arrangements may include not only meetings and having the child to stay, but also time during public holidays, vacations and special occasions, as well as remote contact by telephone, electronic messaging or other suitable means.
This is important, because maintaining a meaningful relationship with both parents is not limited to formally fixed visiting days. The law now more clearly recognises that the relationship between a parent and a child can and should be maintained in a variety of ways, including through everyday communication.
What parents should bear in mind
IMPORTANT! The new provisions do not mean that the court will order the joint exercise of parental rights in every case. Merely invoking the statutory possibility is not enough. It must be established that such an arrangement is genuinely workable and that it will serve the child’s interests, rather than deepen the conflict between the parents.
Where the parents are able to communicate reasonably and take decisions in the child’s interests, an agreement is usually the best and most stable option. Where such consensus is lacking, the court now has broader scope to assess whether the joint exercise of parental rights is possible and appropriate even without an agreement in place.
Our team can help you reach agreement on the disputed issues relating to your divorce. If you need advice or assistance with divorce, parental rights and maintenance proceedings, or with drafting an agreement, contact us on 0887 550 706 or by e-mail: [email protected].
