Custody, Parental Authority & Maintenance

Child support is calculated based on:

• Income of the obligated parent — salary, profit, other sources
• Number of minor children in support
• Concrete needs of the child — age, health, schooling

Statutory limits:

• One child: maximum 1/4 of income (25%)
• Two children: maximum 1/3 of income (33%)
• Three or more children: maximum 1/2 of income (50%)

In recent practice, courts consider the actual costs of raising the child (nursery/kindergarten/school, health, extra activities). The pension may be modified at any time at the party's request, if circumstances change (income increase/decrease, change of child's needs).

Joint custody (the rule in 2026) — both parents jointly hold parental authority: major decisions (education, health, religion) are taken together. The child has the main residence with one parent, but the relationship with the other is guaranteed through visitation schedule.

Sole custody — only one parent makes major decisions. Granted only in exceptional cases: alcoholism, violence, total disinterest of the other parent.

Post-2014 trend: courts prefer joint custody as the rule, considering it in the superior interest of the child to maintain a relationship with both parents. Sole custody must be justified with solid evidence.

NO, under no circumstances. According to the 1980 Hague Convention and the Romanian Civil Code, taking a minor child abroad (over 30 days or for residence change) requires the consent of both parents or court authorization.

Risks in case of unauthorized travel:

• Criminal act (child kidnapping — Article 207 Criminal Code)
• Hague Convention procedure — the child is returned to the country of habitual residence
• Loss of custody in the future

Legal solutions:

• Notarial written agreement with the other parent
• Court authorization if the other refuses abusively (urgent procedure)

We assist international child relocation cases — both for obtaining consent and for return under the Hague Convention.

The visitation schedule established by the court may be modified at any time at the party's request, if circumstances have changed.

Frequently accepted reasons:

• Residence change (move, new divorce, etc.)
• Work schedule change
• Child's age (schedule for infant differs from teenager)
• Problems with the other parent (alcoholism, violence, neglect)
• Child's school/extra activities

Procedure:

1. Application at the child's domicile court
2. Social inquiry (DGASPC — General Directorate for Social Assistance and Child Protection)
3. Hearing of parties and possibly the child (over 10 years old — mandatory)
4. Judgment — duration 4-12 months

In urgent cases (suspicion of danger to the child), presidential ordinance may be requested — solution in 1-2 weeks.

Yes, per the Civil Code. The presumed father (mother's husband at the time of birth) may contest paternity if he was not informed that he is not the biological father.

Limitation period: 3 years from awareness of the fact that he is not the father. If he acknowledged the child in bad faith, the term does not run.

Procedure:

1. Action at the child's domicile court
2. Evidence: witnesses, correspondence, DNA expert report (the queen of evidence)
3. Judgment — duration 6-18 months

Consequences of accepted paternity contestation:

• Extinction of filiation relationship and obligations (future child support)
• Birth certificate modification
• Recovery of paid child support (under certain conditions, difficult)

The decision must be carefully weighed — effects on the child are major.

Adoption in Romania is regulated by Law 273/2004 and is done through the court (tribunal). Main stages:

1. Adopter attestation — issued by DGASPC after psychosocial evaluation (3-6 months)
2. Registration in RNUA (National Unique Register of Adopters)
3. Practical matching with an adoptable child — sometimes takes 1-3 years
4. Custody for adoption — probation period, minimum 90 days
5. Adoption application to the tribunal
6. Adoption judgment — irrevocable, in 60-120 days

Types:

• Internal adoption (child from Romania)
• International adoption (rarer, specific conditions)
• In-family adoption (spouse's child)

Total process: 2-5 years from first contact with DGASPC. BVIR assists both attestation and judicial procedure.

Per the Civil Code, there is a reciprocal support obligation between parents and children, applicable in various situations:

From parents to adult children in continued studies:

• Until age 26 if pursuing higher education
• Amount: established based on income and needs

From adult children to parents: when parents become unable to work and without sufficient income for decent living.

The amount is proportional to the child's possibilities. Disputes often arise when adult children refuse to contribute — the court may order the obligation.