Please note: This page is an English translation of information originally written for clients in Bulgaria. If you are a foreign citizen or live abroad, additional considerations may apply to your case, such as signing documents from abroad, granting a power of attorney, travelling to Bulgaria or complying with specific legal requirements and deadlines. Feel free to contact me to discuss your situation and find out what applies to you.

“I want to take my children. They love me endlessly, we go everywhere together and we talk about everything. Their mother bullies them, shouts at them over everything, stresses them out and takes out her anger from work on them. Is it possible for me to get custody of the children?” A father from a small town came to me with this question. As a child custody lawyer in Plovdiv and Sofia, I often hear different versions of this question, from fathers and from mothers alike.

The mother and the father have equal parental rights and duties. A divorce or a separation does not take away the rights of either of them – it only affects who will exercise them and how. Together with my team, I handle cases about parental rights, contact arrangements, child support and a child’s travel abroad, as well as divorce cases.

A father’s parental rights – a case from my practice

For a long time, the courts granted parental rights almost automatically to the mother, and the father was left with “contact arrangements”. In the case of the father I mentioned, we proved that the mother had committed domestic violence against him in front of the children, that she was limiting their contact with their father and turning them against him. We also proved that the children were more attached to their father – he is the one who helps them with their studies and takes care of their everyday life. The court granted the exercise of parental rights to him.

I have described the whole case in A father’s parental rights – a case from my practice (in Bulgarian).

What the court considers when deciding where the child will live

The court decides in the best interests of the child. It assesses the parents’ parenting qualities, the care each of them has provided so far and their attitude towards the children. It also assesses the children’s attachment to each parent, their sex and age, whether relatives can help, the social environment and the parents’ financial means.

The court hears the parents and the children, obtains an opinion from the Social Assistance Directorate and, if necessary, hears other people as well. When there is evidence that one parent is alienating the child from the other, the court also hears a psychologist and may order that parent to follow a mandatory course of conduct. I look at how a separation affects children in Divorce and the child’s mental health (in Bulgarian).

Shared parenting after the amendments of 30.12.2025

With the amendments to the Family Code of 30.12.2025, the court can now order joint exercise of parental rights even when one of the parents does not agree. The condition is that both parents have asked for parental rights and that this is in the best interests of the child. The court sets specific measures for each parent, and if the parents cannot agree on a particular issue, it resolves the dispute between them.

I discuss whether this will be the end of the “Sunday dad” in Shared parenting – the end of the “Sunday dad”? (in Bulgarian).

Contact arrangements

The contact arrangements set out when the parent the child does not live with can see the child and take them – during the holidays, on public holidays, on the child’s and the parent’s birthdays, and at other times. They also include contact at a distance – by phone, letters and electronic messages.

The parent the child lives with must cooperate with the other parent and keep them informed about the child. If that parent does not comply with the arrangements or limits contact, the court may change the arrangements and order additional measures. More in Contact arrangements after divorce. What does the murder in Plovdiv show? (in Bulgarian).

Children travelling and living abroad

“I will not let my ex take my child abroad.” When the parents do not agree, the dispute over the child’s travel and over issuing documents for it is decided by the district court at the child’s current address. A short trip – a school excursion, a competition, a visit to relatives – is usually allowed without difficulty. Cases where one parent wants the child to move abroad and live with them are much harder. Then the court weighs everything – the conditions there, how the child will adapt, and the child’s bond with the other parent. More in Children travelling abroad – disputes (in Bulgarian).

Questions to a child custody lawyer in Plovdiv

Can the court give the children to the father?

Yes. The law gives no preference to the mother. The court assesses which parent can take better care of the child and with whom the child will grow up in a better environment.

My ex will not let me see my child. What should I do?

The contact arrangements set by the court are binding on both parents. If the parent the child lives with does not comply with them or limits your contact, the court may, at your request, change the arrangements and order additional measures. Keep the messages and write down every missed contact – they are evidence.

Does the child have to say who they want to live with?

A child who has turned 10 is heard by the court, unless this would harm the child’s interests. A younger child may also be heard, depending on how mature they are. The child’s opinion matters, but it is not decisive – the court weighs all the circumstances.

We were not married. How is it decided who the child stays with?

In the same way. The parents can agree on where the child will live, on parental rights, contact and child support, and ask the district court to approve the agreement. If they cannot agree, they can turn to a mediator (except in cases of domestic violence) or bring a case before the district court at the child’s current address.

My ex wants to take the child abroad. Can she do that without my consent?

Without your consent – only with a court decision. If the travel has already been settled by an agreement or a court decision, but the circumstances have changed, a court decision can be sought again.

What is the minimum child support in Bulgaria?

No less than one quarter of the minimum wage. The amount depends on the child’s needs and on the means of the parent who pays.

Cases about children are the hardest cases I handle. In them, it is not the parent who wins, but the child. So if you are in such a situation, do not wait for the conflict to deepen.