How is domicile of minor children decided when marriage is ended


After a marriage is terminated, in the case of minor children, the permanent domicile of minors with one of the parents is decided by the judge. In the process of deciding the domicile of minor children with one of the spouses, the judge can also solve the aspect of child support for minors that is to be paid to the spouse to whom the raising and education of children will be entrusted, lawyer Andrei Berescu, who is a member of the law firm “Protection of Human Rights”, stated for IPN.

“From my personal experience, I know that in most of the
cases the children are entrusted to the care of the mother. Also, the conclusions of the tutelage authorities as regards the parent with whom the children should live after divorce are in favor of the mother. Surely, there are exceptions, if the mother uses physical and/or psychological violence against children, has an immoral behavior in society, is under the supervision of a narcologist, is addicted to alcohol or other cases. In such cases, the father can be granted guardianship of the child,” stated Andrei Berescu.

The lawyer noted that he personally took part in a case in which guardianship of two girls aged 9 and 12 was granted to their father because the mother was wanted in a national case and didn’t come to court when the domicile of the children was decided. “If there are more children and these refuse to choose who of the parents they want to live with, the decision is taken by the court, taking into account the child’s attachment to each of the parents and siblings, the age of the child, moral qualities of the parents, relations between each of the parents and the child, the parents’ possibilities to create appropriate conditions for the education and development of the child and others,” said the master in criminal law Andrei Berescu, noting that in most of the cases, the children are entrusted to the care of one parent or another so as to avoid the separation of siblings, taking also into consideration the conclusion of the tutelage authority.

The judge can also decide the child support that is to be paid to the spouse who will look after the children. If the parent who will pay child support works and has a stable salary, under Article 75 of the Family Code this is obliged to pay 1/4 of the salary to a child, 1/3 of the salary to two children and 1/2 of the salary to three or more children. If the given parent does not work and has fluctuating incomes, the child support is set as a fixed amount that is to be paid monthly until the child turns 18. Until the child turns three, the parent looking after this can ask for additional support from the other parent, besides the decided child support.

In conclusion, Andrei
Berescu called on the families with children to be more empathic and understanding and to avoid such disputes. If the couples have children, they should first think about the interest of children so as to avoid eventual traumas that can negatively influence the personality and behavior of the children.