Custody in Bulgarian Family Law

When parents divorce in Bulgaria, one of the most important decisions concerns the exercise of parental rights over minor children. Bulgarian law uses the term “exercise of parental rights” rather than “custody,” but the concept is similar. The court determines which parent will primarily care for the children and how the other parent will maintain contact.

Types of Custody Arrangements

Sole Custody

The most common arrangement in Bulgaria. One parent receives the primary exercise of parental rights, meaning the child lives with that parent, who makes day-to-day decisions about the child’s upbringing, education, and healthcare.

Joint Custody (Shared Parenting)

Bulgarian law allows joint exercise of parental rights where both parents share decision-making and the child’s time. This arrangement requires:

• A high level of cooperation between parents
• Proximity of both parents’ homes (ideally in the same city)
• A detailed schedule approved by the court
• Agreement on major decisions (education, health, travel)

Joint custody is becoming more common but is still less frequent than sole custody.

How Courts Decide Custody

In Mutual Consent Divorce

Parents agree on custody as part of the settlement agreement. The court reviews the arrangement to ensure it serves the child’s best interests and approves it without further investigation.

In Contested Divorce

When parents cannot agree, the court considers multiple factors:

• Child’s age — younger children are often placed with the mother, though this is not automatic
• Parent-child bond — the quality of each parent’s relationship with the child
• Living conditions — housing stability, neighborhood safety, proximity to school
• Financial capacity — ability to provide for the child’s material needs
• Moral and ethical fitness — character and behavior of each parent
• Child’s preference — children over 10 are heard by the court; older children’s wishes carry more weight
• Parental cooperation — willingness to facilitate the child’s relationship with the other parent
• Social report — the court orders a report from the Social Assistance Directorate evaluating both parents’ homes

Visitation Rights

The non-custodial parent has the right to personal contact with the child. A typical visitation schedule includes:

• Every other weekend (Friday evening to Sunday evening)
• One month during summer vacation
• Alternating holidays — Christmas, Easter, school breaks
• Weekly contact by phone or video call
• Additional time as agreed between parents

The court can set a different schedule based on specific circumstances, including the child’s age, distance between parents’ homes, and work schedules.

International Custody Considerations

For families with a foreign parent, additional complexities arise:

Jurisdiction

• Bulgarian courts have jurisdiction if the child is habitually resident in Bulgaria
• EU Regulation Brussels II bis determines jurisdiction in cross-border cases within the EU
• The Hague Convention on Child Abduction applies if one parent takes the child abroad without consent

Travel Restrictions

• A child cannot leave Bulgaria without both parents’ consent or a court order
• The custodial parent must obtain written permission from the other parent for international travel
• Border authorities check for authorization when a child travels with only one parent

Enforcement Abroad

• Bulgarian custody orders can be recognized and enforced in other EU countries under Brussels II bis
• For non-EU countries, recognition depends on bilateral agreements or domestic law of the other country

Modifying Custody Orders

Custody arrangements can be modified if circumstances change significantly:

• A parent relocates to another city or country
• The child’s needs change as they grow older
• One parent fails to meet their obligations
• The child expresses a strong preference (especially from age 14)

A new court proceeding is required to modify the existing order.

Protecting Your Parental Rights

Child custody matters require sensitive and knowledgeable legal representation. Attorney Biser Dimov in Troyan assists both Bulgarian and foreign parents in custody proceedings, helping negotiate agreements and representing clients in contested cases. Contact us to discuss your situation in confidence.