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Child custody in Romania

Joint responsibility continues after separation

In Romania both parents hold parental authority equally, and it stays shared after divorce unless there are good reasons to give it to one.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what the law provides before a court looks at a particular family. A court decides what is best for the child in the case in front of it. Family law is reformed often, and a case with a foreign element is complex. This is general information, not legal advice.

If the parents are married

Both parents hold parental authority equally: the rights and obligations are shared equally (Art. 503 of the Civil Code).

If the parents are not married

Where parentage is established for both parents and they live together, authority is shared equally (Art. 505). Where they do not live together, authority is exercised by only one parent. The official fact sheet does not say which one.

The unmarried father, in one line: The official source does not say; check before relying on it.

After a divorce or separation

Authority is in principle shared by both parents after divorce. It can go to one parent only if there are good reasons and it is in the child's interest. Parents who do not live together must agree on the child's residence, and the guardianship court decides if they cannot.

What the child can say

The official fact sheet does not describe a right to be heard. Minors from 14 to 18 have limited capacity and act with their parents' consent.

Moving house or moving abroad with the child

The official fact sheet does not cover moving.

If the parents live in different countries

Romania is a party to the 1980 Hague Child Abduction Convention, which lets a parent ask for a child wrongly taken to another country to be returned. It works only with countries that have accepted its accession, so check the other country on the treaty status table.

Within the EU, Regulation (EU) 2019/1111 (called Brussels IIb) decides which country's courts handle parental responsibility: in principle the courts of the country where the child habitually lives, and it speeds up the return of a child wrongly taken to another member state. Denmark does not take part in it.

Understand the legal system first

Romania belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the Romania legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Romania? →
Divorce rate and trend in Romania →

Official sources

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TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.