Shared parenting after divorce – the amendments to Art. 59 of the Bulgarian Family Code

13.10.2026

author: attorney-at-law Tsveta Ivanova-Yonkova

On 30.12.2025, amendments to the Bulgarian Family Code concerning shared parenting were promulgated in the State Gazette, issue 115 of 2025.

Under the current wording of Art. 59 of the Family Code, upon divorce the spouses decide by mutual consent, in the children's best interests, on the matters relating to the upbringing and education of their minor children. For this purpose, they may conclude an agreement at any stage of the court proceedings.

Where no agreement is reached, the court determines of its own motion the children's place of residence, which of the parents shall exercise the parental rights and obligations, the arrangements for personal contact between the children and the parents, and the child maintenance.

Where both parents have requested to exercise the parental rights and this is in the best interests of the child, the court may order joint exercise of the parental rights and obligations after the divorce, setting out specific measures for each parent.

What has changed?

Before the amendment of Art. 59, para. 3 of the Family Code, the court could not, of its own motion, issue a decision imposing on the parents joint exercise of the parental rights and obligations in respect of their minor child.

Shared exercise of the parental rights and obligations was possible only by mutual consent between the parents. If they failed to agree on it, the court could not, on its own initiative, rule that the child be raised jointly by both parents.

With the amendment of late 2025, this limitation has been overcome. Shared parenting may now be ordered by the court both on the basis of an agreement between the parents and by a decision of the court, where this would be in the best interests of the child.

What does shared parenting actually mean?

Shared parenting means:

• Joint exercise of the parental rights and obligations, i.e. shared physical care – both parents take care of the child, and the child lives with each of them. The time does not need to be split exactly equally – it may be 50/50, but it may also be 60/40.

• Joint decision-making on the important matters concerning the child, such as choosing or changing the child's school, long-term extracurricular activities, and planned medical or dental treatment.

Under shared parenting, the parent who cares for the child for a longer period may receive child maintenance from the other parent. It is also possible for the parents to agree that no child maintenance is owed.

Conclusion

The late-2025 wording of Art. 59 of the Family Code reflects a social change. Although overdue, the amendment establishes that, where both parents have equal parenting capacity, a child should be able to have physical and emotional contact with, and be brought up by, both parents – rather than one parent being the primary carer and the other seeing the child only twice a month.

Nevertheless, in my personal opinion, based on my practice so far, shared parenting is highly appropriate in some cases, but in others it is not in the child's best interests, even where both parents have parenting capacity.

It is particularly suitable for older children, but not, for example, for an infant, who at this early age is extremely attached to the mother.

It is suitable where both parents have separate homes with relatively similar living conditions. Unfortunately, it is not uncommon for one parent to live in a large house or apartment where the family lived until recently, while after the separation the other parent has moved into a small apartment, and the children simply refuse to go to that home.

Shared parenting is not suitable where the parents live in different cities or different countries. In such cases, the lack of physical contact with that parent is compensated by longer time together during the holidays, as well as by daily contact over the phone or by video call.

It is important to note that the court may modify the care arrangements for a child. It is entirely possible for the court to refuse to order shared care for an infant, but after a certain time to revisit its decision and order that the child be raised jointly by both parents.

The team of the Ivanov & Yonkova Law Firm is available to provide answers to additional questions on this, as well as on other topics that are important to you.

This article does not constitute a legal opinion or advice related to a specific situation or case.

Author: attorney-at-law Tsveta Ivanova-Yonkova

Managing Partner at Ivanov & Yonkova Law Firm