Child custody in Romania — joint parental authority
Romanian law presumes joint parental authority after divorce. Sole custody is only awarded exceptionally, when the child's best interest requires it.
Joint parental authority by default
Article 397 of the Romanian Civil Code presumes that after divorce both parents retain joint parental authority. Major decisions — schooling, religion, medical procedures, foreign travel — require both parents' consent. Sole authority is granted only exceptionally, where the child's best interest requires it (proven abuse, addiction, total disinterest, conflict harming the child).
The court must hear children aged 10 or older, orders a social inquiry report and may order psychological expertise. Custody arrangements may be modified later if circumstances change.
General information only — this does not constitute legal advice. Data sourced from portal.just.ro, updated daily.
Frequently Asked Questions
No. Under joint parental authority both parents must agree. If consent is refused, a court ruling replaces it.
Mandatory from age 10. Below that, hearing is optional and at the judge's discretion.
Useful resources
Have a case? Monitor it for free.
15 days free · No card required.