Exercise of Parental Rights and the Child’s Residence

When determining which parent should be granted the exercise of parental rights over a child, the court must consider all relevant circumstances in light of the best interests of the child — including the parents’ educational qualities, the care and attitude shown so far, their willingness to raise the child, the child’s attachment to each parent, the child’s gender and age, the possibility of assistance from relatives or third parties, the social environment, and the parents’ material means (Article 59, paragraph 4 of the Family Code).

These factors, taken together, form a complex criterion for assessing not only which parent the child should live with and who should exercise parental rights, but also what the regime of personal contact with the other parent should be.

According to Interpretative Decision No. 1/1974 of the Plenum of the Supreme Court, which remains relevant under the current Family Code, the “interests of the child” encompass all aspects of upbringing, education, development, formation of work habits and discipline, preparation for socially useful activity, and the overall shaping of the child as a responsible individual.

The list of factors in Article 59(4) of the Family Code and in the cited interpretative decision is illustrative, not exhaustive. It represents the minimum standard to be considered when evaluating the best interests of the child under § 1, item 5 of the Child Protection Act.

Regarding the criteria of care, attitude, desire to raise the child, and emotional attachment, both parents may have equal potential. However, according to Interpretative Decision No. 1/1974, in disputes over parental rights, the mother often has an advantage under the remaining criteria that define the child’s interests.

This article does not constitute legal advice or an opinion regarding a specific case. For legal assistance on matters related to parental rights, it is recommended to consult a lawyer specializing in family law.