When is the child awarded to the father?

In which cases does the court grant parental rights to the father?

Parental rights and responsibilities are a key issue in family law, especially when considering cases of divorce or separation. As a general rule, when determining parental rights, the court is guided by the best interest of the child. Although parental rights are often awarded to the mother, there are situations in which the court rules in favor of the father.

Parental rights are regulated by the Family Code of the Republic of Bulgaria. According to Articles 59 and 123 of the Family Code, in cases of divorce or disputes over parental rights between parents who are not married, the court decides which parent will receive these rights, with the child's best interests being the primary criterion. This includes the physical, mental, emotional, and social well-being of the child.

Criteria for Awarding Parental Rights

The court considers multiple factors when making its decision. Key among these are:

1. Emotional Bond between the Child and Parents - The child's relationship with each parent is crucial. If the father has a closer relationship with the child or is the primary caregiver in the child's daily life, this may tilt the decision in his favor.
2. Parental Ability to Provide Adequate Care - The court examines the parents' ability to provide a stable environment for the child, including housing, food, education, and medical care.
3. Social Environment and Support - The court evaluates what kind of social environment the child would be placed in if they remain with one parent or the other.
4. Child's Age - Traditionally, the court assumes that the mother is more suitable for parenting younger children, but in some cases, this rule may be disregarded.
5. Parental Behavior - The court looks at the personal qualities of the parents, including any history of aggression, substance abuse, or their behavior towards the child.

Situations in Which the Court Awards Parental Rights to the Father

1. Lack of Adequate Care from the Mother - If the mother is unable to provide suitable care for the child, for example due to serious health issues, addiction, or an unstable lifestyle, the court may decide that the father is more suitable.
2. Psychological Bond with the Father - When the child has a strong emotional bond with the father and expresses a preference to live with him, this is a significant argument in favor of the father. For older children (usually over 10 years old), the court may take their opinion into account.
3. Home Environment Offered by the Father - If the father offers a better and more stable living and social environment for the child, this can be a decisive factor. For example, if the father can provide better educational opportunities, security, and social integration.
4. Mother's Inability to Care for the Child Due to Work or Personal Life - If the mother has a job that does not allow her to spend enough time with the child, or if her personal life in any way endangers the child's well-being (e.g., frequent partner changes), the court may decide that the father is the more suitable parent.
5. Proven Aggressive Behavior or Abuse by the Mother - If the mother has shown physical or emotional violence towards the child or the other parent, this is a serious reason for the court to award parental rights to the father.

Expert testimonies play an important role in such cases. The court often commissions a social report or psychological evaluation to assess the relationship between the child and the parents and each parent's ability to care for the child. Such expert opinions can tilt the court's decision in favor of the father.

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