Joint Parenthood in Light of Amendments to the Family Code: What Changes and What It Means for You /Shared Parenthood/

As of December 30, 2025, important amendments to the Family Code have entered into force, changing the way parental rights are regulated after divorce or separation of parents who are not married to each other. The goal is clear: the child should not become a “winner” or a “loser,” but should live within a framework that recognizes the involvement of both parents in the child’s life.

From Principle to Legal Tool

According to Articles 122 and 123 of the Family Code, both parents are equal holders of parental rights and obligations, which are exercised jointly and always in the best interests of the child. In divorce proceedings, however, the court previously often limited itself to choosing between “one parent exercises the rights, while the other has only contact,” unless there was a clear agreement regulating a broader range of relations.

Under the new paragraph 3 of Article 59 of the Family Code, the court may now, ex officio, order the joint exercise of parental rights and obligations when both parents express such a wish and this is in the child’s best interests. In this way, joint exercise is transformed from an “exception requiring full agreement” into a genuinely possible and legally regulated solution, even when the parents reach an agreement later in the proceedings.

What Exactly the Court and the Parents Receive

The law now defines more clearly what the court may do and what can be arranged at the very first stages of the dispute.

• Joint exercise: if both parents wish to participate in decisions concerning the child, the court may order a joint arrangement and determine specific measures for each parent—who the child will live with, how contact will be organized, and how decisions on education, healthcare, travel, and so on will be made.
• Agreement and mediation: Article 59, paragraph 1, as well as Articles 123 and 127, expressly provide that an agreement on residence, contact, maintenance, and travel may be reached with the assistance of a mediator, provided there is no domestic violence.
• Interim measures under Article 138b of the Family Code: if the proceedings continue and the factual situation changes, the court may order or modify interim measures concerning residence, contact, maintenance, and travel abroad, which replace an earlier ruling until a lasting arrangement of those relations is achieved.

In disputes over a change of residence, Article 126, paragraph 1, now clearly requires the consent of both parents where the change is significant for the child’s environment, such as school, circle of friends, relatives, and so on. This significantly strengthens the position of the parent with whom the child does not live permanently and greatly reduces the risk of a unilateral “removal” of care through relocation to another settlement.

Why the Court Often Remained Conservative Until Now

Until now, judicial practice was strongly limited by Interpretative Decision No. 1/2016 of the Supreme Court of Cassation, according to which joint exercise was permissible only where the parents had reached an agreement. In the absence of such agreement, the courts consistently placed parental rights in the hands of one parent, while the other received only a contact arrangement.

Decisions of the Supreme Court of Cassation and the appellate courts often referred to the age of the child, and in practice more rights were traditionally granted to the mother, especially in cases involving very young children. This made it almost impossible to establish a truly shared arrangement without full agreement.

The new framework changes this scenario: the court now has a legal basis to propose a shared model and, if both parents agree, to formalize it with specific parameters.

What This Means for Parents Who Reach Agreement

In most cases, the best solution remains an agreement between the parents, which the court approves and renders enforceable with the effect of a judicial ruling. Where communication is good, parents can independently agree on:

• who will be the child’s primary residential address;
• what the contact schedule will be during the week and on holidays;
• how personal documents and travel abroad will be arranged;
• how maintenance will be calculated and paid.

If there is no agreement, however, the court now has much clearer tools to shape a workable framework. Under the new Article 138b of the Family Code, even after an earlier decision has entered into force, new interim measures may be requested if the factual circumstances of the case change, for example in the event of divorce, relocation, or conflict regarding contact or maintenance.

What This Means for You and How Assistance Can Be Provided

If you are in a situation involving:

• an upcoming or already pending dispute over parental rights;
• a dispute regarding the child’s residence, contact arrangements, maintenance, or travel abroad;
• or a feeling that the other parent is restricting the child and the child’s contact with you,

Contact Us

Joint parenthood is no longer merely an idea, but an expressly regulated legal regime under Bulgarian law. The success of the new framework, however, depends on whether parents place the child above the conflict and make the best possible use of the available legal tools.

Law Office Arabadzhiev can assist you.
Law office in Plovdiv – 16 Zlatarska Street, Floor 1
Law office in Sofia – 16 Lavele Street, Floor 2, Office 201
Law office in Stara Zagora – 80 Hadji Dimitar Asenov Street