Parental rights in Romania

Exercise of Parental Rights and Obligations in Romania: Ensuring the Rights of the Child

Exercise of Parental Rights and Obligations in Romania: Ensuring the Rights of the Child

Welcome to our guide on parental rights and obligations in Romania.

In this article, we will provide you with a comprehensive overview of the legal rights and responsibilities of parents in Romania, including information on Romanian parental rights, child custody laws, and parental rights termination.

It is essential to understand these laws to ensure the well-being and protection of your child.

Romanian parental responsibility, referred to as parental authority, encompasses all the rights and duties concerning the child and their assets.

Both parents share equal rights and duties and are responsible for the child’s well-being until they reach full legal capacity.

These rights and duties include establishing and preserving the child’s identity, raising the child, providing supervision and support, taking disciplinary measures when necessary, and ensuring the child has personal links with both parents.

Additionally, parents have rights and duties regarding the child’s assets, including managing their assets and representing them in legal civil acts.

Parental authority can be exercised jointly or by one parent depending on certain circumstances, such as divorce or the death/interdiction of one parent.

In cases where parents are unable or unwilling to exercise parental responsibility, a guardian can be appointed to fulfill this role.

Understanding and exercising parental rights and obligations is crucial for ensuring the best interests and well-being of your child. We’ll explore these topics further in the following sections where we delve into child custody laws, visitation rights, and child support obligations in Romania.

Parental Responsibility and Child Custody in Romania

In Romania, both parents have parental responsibility and the right to custody of their child, regardless of whether they are married, divorced, or have children born out of wedlock.

The custody arrangements are determined by the court, taking into consideration the best interests of the child.

In some cases, sole custody may be granted to one parent, while in others, joint custody is awarded.

Sole custody means that one parent has the primary responsibility for the child’s upbringing and decision-making.

The other parent, however, retains the right to maintain personal links with the child.

On the other hand, joint custody means that both parents share the rights and responsibilities of raising the child, including making important decisions regarding their upbringing, education, and general welfare.

If the child’s safety or well-being is at risk, the court may terminate the parental rights of one or both parents.

This is done to ensure the child’s best interests are protected.

Visitation rights are often granted to the non-custodial parent, allowing them to have designated time with the child.

This provides the opportunity for both parents to maintain a meaningful relationship with the child, even if they do not have primary custody.

In summary, custody rights in Romania are based on the best interests of the child, aiming to ensure their well-being and development.

The court plays a crucial role in determining custody arrangements, considering various factors while prioritizing the child’s needs.

Both parents have the opportunity to maintain a relationship with their child, whether through sole custody, joint custody, or visitation rights.

Child Support Laws and Responsibilities in Romania

When it comes to ensuring the well-being of a child, both parents in Romania have a legal obligation to provide financial support.

Child support laws in Romania outline the responsibilities of parents in contributing to their child’s upbringing and care.

The amount of child support to be paid is determined based on the needs of the child and the financial capabilities of each parent. This ensures that the child’s best interests are taken into consideration while maintaining fairness between the parents.

The court will carefully assess various factors, such as the child’s living expenses, education costs, and medical requirements, to determine the appropriate amount of support.

It’s important to note that parents are jointly and severally responsible for providing child support.

This means that if one parent fails to fulfill their financial obligation, the other parent has the right to seek legal recourse to ensure their child’s needs are met.

The court plays a crucial role in enforcing these obligations, ensuring that both parents fulfill their duty to support their child.

Child support payments typically continue until the child reaches the age of 26. However, there are situations where support may end earlier.

For instance, if the child completes their studies or becomes financially independent, the court may terminate the child support obligation.

Modifications to child support orders can be made if there are significant changes in either parent’s financial circumstances.

For example, if one parent experiences a significant increase in income, the court may reassess the child support amount to ensure fair and appropriate contributions.

Visitation Rights and Co-Parenting in Romania

In Romania, visitation rights play a crucial role in allowing non-custodial parents to maintain regular contact with their child.

These rights are determined by the court, taking into consideration the best interests of the child and the availability of both parents.

Visitation rights encompass various aspects, offering opportunities for the non-custodial parent to connect with their child on a regular basis.

This may include visiting the child at their home, spending quality time together during holidays, and actively participating in their school activities.

When joint custody is granted, it is essential for both parents to work together and make joint decisions regarding the upbringing of the child.

This cooperative approach ensures that the child’s best interests are prioritized and that decisions are made collectively.

Co-parenting is a vital element in the visitation rights and custody arrangements in Romania.

It entails sharing parenting responsibilities, maintaining open communication, and fostering a supportive and stable environment for the child.

Benefits of Co-Parenting in Romania

Co-parenting offers numerous advantages for both the child and the parents involved:

  • Promotes stability: Co-parenting provides a sense of stability for the child, as they have consistent involvement and support from both parents.
  • Enhances emotional well-being: The child benefits from the emotional presence and guidance of both parents, reducing the potential negative impact of their separation or divorce.
  • Encourages balanced upbringing: Co-parenting allows both parents to actively participate in decision-making regarding the child’s education, healthcare, and overall well-being, ensuring a well-rounded upbringing.
  • Fosters a healthy parent-child relationship: Regular contact and shared responsibilities create stronger bonds between the child and both parents, promoting a healthy parent-child relationship.
  • Reduces conflict: Co-parenting emphasizes effective communication and cooperation between parents, minimizing conflicts and creating a harmonious environment for the child.

By prioritizing the child’s best interests and engaging in co-parenting practices, parents in Romania can provide a nurturing and supportive environment that contributes to the child’s overall well-being and development.

Key Aspects of Visitation Rights in Romania Benefits for the Child Benefits for the Parents
Regular contact with the child – Maintains a strong parent-child bond
– Provides emotional support
– Allows active involvement in the child’s life
– Promotes a sense of fulfillment and responsibility
Flexibility in visitation arrangements – Encourages a sense of stability and routine
– Reduces stress and anxiety
– Facilitates parental planning and coordination
– Supports work-life balance
Involvement in special occasions – Ensures inclusion and celebration with both parents
– Creates lasting memories
– Fosters a connection with the child during important milestones
– Allows shared experiences as a family
Participation in school and extracurricular activities – Enhances educational support and engagement
– Demonstrates commitment to the child’s interests
– Provides opportunities for shared involvement
– Promotes shared responsibility for the child’s development

Frequently Asked Questions (FAQ) – Exercise of Parental Rights in Romania

1. What are the rights of a parent under Romanian law?

The rights of a parent in Romania are governed by the Romanian Civil Code.

They include the exercise of parental authority, the promotion of the rights and interests of the child, as well as the development and protection of the child.

2. What is the best interest of the child?

The best interest of the child is a fundamental principle in Romanian law that guides decisions related to the promotion of the rights and protection of the minor child.

It takes into consideration the unique needs and circumstances of each child.

3. What are the rights and duties of parents in Romania?

Romanian law outlines the rights and duties of parents, including the right to consent on matters concerning the child’s residence in Romania, professional training, and other important aspects related to the development of the child.

4. Can a child born out of wedlock have parental rights in Romania?

Yes, a child born out of wedlock in Romania has the right to maintain a personal relationship with each parent and to receive support and care from them, as stipulated by Romanian legal provisions.

5. What happens when a parent reaches the age of 14?

When a parent reaches the age of 14, the exercise of parental authority may come into question, and special laws or provisions under the Romanian legal system may be applied to ensure the rights of children are protected.


Understanding parental rights and obligations under Romanian law is essential for all parents in Romania.

The Romanian Civil Code and the Law on the Protection and Promotion of Children’s Rights govern the legal rights and responsibilities of parents, placing a strong emphasis on the best interests of the child and their overall well-being.

Parents in Romania have the right to exercise parental authority, allowing them to make important decisions related to their child’s upbringing, education, and general welfare.

This includes decisions about their home, education, and personal links with both parents.

In addition to these rights, parents also have significant responsibilities, such as providing financial support for their child and maintaining an ongoing relationship with them.

The court plays a critical role in ensuring that the child’s rights are protected, particularly in matters of custody arrangements, visitation rights, and child support payments.

It is crucial for parents to familiarize themselves with Romanian family law and gain a comprehensive understanding of their rights and responsibilities as outlined by the legal system.

By doing so, parents can ensure the best possible outcomes for their child and create a supportive and nurturing environment that promotes their overall well-being and development.

Child custody and support in Romania

Child Custody and Support in Romanian Divorces: What You Need to Know

This guide covers the key things you need to know about child custody and child support when getting divorced in Romania.

If you’re getting divorced in Romania, it’s important to understand how child-related matters are handled so you can protect your rights and your children’s best interests.

Going through a divorce is difficult enough without having to worry about child custody and support.


Determining Custody in Romanian Divorces

When a couple with children divorces in Romania, custody decisions are made based on the best interests of the child.

Here are some things to keep in mind:

The Court decides custody

The Romanian Court will make the final custody determination for minor children (under age 18) in a divorce. Parents can make custody proposals or agreements, but the court has to approve them.


Joint custody is preferred

Romanian law prefers that both parents retain custody rights after a divorce.

Courts will generally award joint physical custody with the child splitting time between both parents’ homes, unless there are compelling reasons not to.


Factors considered for custody

Courts look at various factors when deciding custody, including:


  • The child’s existing living situation and attachment to each parent
  • Each parent’s ability to care for the child’s needs
  • Any history of domestic violence, abuse or neglect
  • The child’s preferences if they are mature enough to express a reasonable opinion
  • Each parent’s willingness to cooperate and allow access to the child

The court will order an investigation to evaluate these factors.

Custody evaluators will interview parties and make recommendations to the court.


Modifying custody orders

Custody orders can be modified later on if there are substantial changes in circumstances affecting the child’s well-being. A parent has to petition the court and show that alteration of the existing order is in the child’s best interests.


How Child Support Works in Romanian Divorces

Child support ensures that both parents continue meeting the financial needs of children after a divorce.

Here are key things to know about child support in Romania:


  • Both parents share responsibility

Nevertheless, under Romania’s Civil Code, both parents have an obligation to support their children financially, whether married, separated or divorced. The parent who doesn’t have physical custody typically pays child support.


  • Courts determine support amounts

Courts will issue child support orders as part of the divorce judgment.

The amounts are set based on factors like both parents’ incomes, the child’s expenses and needs, and the custody arrangement.


  • Support is owed until adulthood

In Romania, the duty to pay child support continues until the child reaches age 18. If the child continues approved education after 18, support can extend up to age 26.


Romanian Courts can enforce and modify support orders

If a parent fails to pay court-ordered child support, the other parent can petition the court to enforce the order.

Support amounts can also be modified later if financial circumstances change significantly.


Collecting support across borders

If the paying parent moves abroad, Romania’s membership in the EU allows using EU regulations to enforce the support order in other member countries. The Ministry of Justice offers assistance in these cross-border support cases.


Tips for Seeking Fair Custody and Support Terms

Here are some tips to help you negotiate fair custody and support outcomes in your Romanian divorce:


  • Consult a lawyer – Have an experienced Romanian family law attorney review your situation and represent your interests in custody and support matters.


  • Focus on your child’s best interests – Keep your child’s well-being the top priority and be prepared to compromise with your ex.


  • Document your position – Track details like your involvement in child-rearing, your income, and your child’s expenses to support your custody and support proposals.


  • Know your rights and obligations – Learn about Romanian legal standards for custody and support so you can advocate effectively for yourself and your child.


  • Be cooperative – The court will look favorably on parents who work together. Stay calm and reasonable in negotiations.


  • Get help if needed – If domestic violence is involved, contact support services so you can address safety concerns in your divorce.


Going through a divorce with children involved brings many challenges.

Understanding Romania’s custody and support laws allows you to obtain fair terms focused on your child’s best interests.

Remember that every situation is unique, so it’s important to seek legal advice from an experienced Romanian lawyer specializing in divorce law.