Who decides
The parents decide first. Under article 75 of the Family Code, if they cannot reach an agreement, the court resolves the dispute.
What the court takes into account
- the age of the child and the child's attachment to each parent;
- the personal qualities of each parent;
- the ability to create conditions for the upbringing and development of the child;
- the opinion of the guardianship and trusteeship body (article 88 of the Family Code).
The opinion of the child
The court considers the opinion of the child regardless of the child's age. Under article 68 of the Family Code, the court must consider the child's opinion and decide on the basis of the child's best interests. That opinion alone does not settle the dispute.
The right of the parent who lives separately
Under article 76 of the Family Code, the parent who lives separately has the right to communicate with the child, to take part in the child's upbringing and to receive information about the child. If the parents cannot agree, the court resolves the dispute with the participation of the guardianship and trusteeship body.