Family Law in Serbia

Exercise of Parental Rights in Serbia

Family Law in Serbia

Exercise of Parental Rights in Serbia

After divorce, the exercise of parental rights (child custody and parental authority) is a crucial issue. In Serbia, the law prioritizes the best interests of the child in all decisions concerning custody and parental rights.

  1. Joint Custody: Joint custody is possible when both parents can cooperate and make decisions together in the child’s best interest. This arrangement allows the child to spend time living with each parent, and decisions regarding the child’s education, health, and well-being are made jointly.
  2. Sole Custody: In cases where joint custody is not feasible (due to significant conflict, violence, or a parent’s incapacity), sole custody may be granted to one parent. The non-custodial parent retains visitation rights and is obligated to financially contribute to the child’s upkeep through child support payments.
  3. Decision Criteria: The court considers several factors when determining custody, including:
    • The financial and emotional stability of the parents;
    • The child’s emotional bond with each parent;
    • Each parent’s ability to meet the child’s needs (education, healthcare, etc.);
    • The child’s preferences, if they are old enough to express an opinion.

Note: This text provides general information and does not constitute legal advice. For specific questions and legal advice, please consult a lawyer.