The decision to divorce is never easy. Whether it is the result of long-standing disagreements, distance or simply – different life paths, it represents a great emotional and life challenge. When there are also children in the story, the situation becomes even more complex and requires special attention, patience and responsibility.
We often have the opportunity to talk to people who come to us confused, worried and full of fear – not only because of the uncertainty of the legal process, but also because of the question of what will happen to their children. This is precisely why we want to explain the basic steps, but also provide some comfort: you are not alone, and you can go through this with dignity, fairness and in the best interest of the child.
Divorce procedure – the first step towards a new stage of life
Divorce in Serbia can be:
– consensual, when both spouses want to end the marriage and reach an agreement on all important issues (children, property, maintenance);
– or disputed, when there is no agreement, so the court must decide after the procedure has been carried out.
In both cases, if there are minor children, the court cannot make a decision on divorce without a prior decision on the exercise of parental rights.
What does it mean to “exercise parental rights” after a divorce?
Parental rights are much more than a legal term – it is a reflection of the love, responsibility and care that a parent has for a child. After the divorce, the question arises: who will make important decisions for the child’s life in the future, where will the child live, how will contacts with the other parent be organized?
The court can decide that parental rights are exercised jointly by both parents, if there is a good relationship and the possibility of communication, or that one parent exercises it independently, with the right of the other to see and participate in important decisions (to the extent that this is in the interest of the child).
The Center for Social Work has a very important role in this procedure – their experts assess the family situation, talk with parents and children, and give an opinion to the court. Although this seems formal to many, the Opinion of the Center for Social Work is almost always accepted by the acting court, and it also has weight and it is worth preparing for that part of the procedure.
A child has the right to both parents
Regardless of who exercises parental rights, the law assumes that it is best for the child to have a relationship with both parents. Therefore, the parent who does not live with the child has the right to regular personal contact with the child (seeing, telephone conversations, socializing), but also the obligation to contribute financially to his support (alimony).
The amount of maintenance is determined by the court based on the income of the parents, the needs of the child and other circumstances. It is important to know: maintenance is not a punishment, but a way for the child to have everything he needs, regardless of who he lives with.
The role of a lawyer – legal aid, but also support
Each case is different, because each family carries its own story, its own wounds and its own values. What is always common is the need for someone to conduct the procedure safely, professionally, but also with understanding and respect.
In these procedures, we are of the opinion that it is necessary to carefully and non-judgmentally listen to the client, only then start giving advice and suggestions, as well as creating a strategy that must include, in addition to the client, the best interest of the child. In some situations, lawyers manage to reach an agreement before it even goes to court. In others, court proceedings are conducted with all the necessary documentation and evidence, but always with one goal: that the outcome be in the best interest of the child and that the client’s rights are maximally protected.
Conclusion – step by step, with the right support
Divorce doesn’t have to be a struggle. It could be a deal. It can be a new beginning. If there is a will to settle things in a peaceful way, with legal support and good preparation, the result can be a stable new life structure in which the child continues to grow with the love of both parents.
If you need legal help in connection with divorce or parental rights issues, trust is the basis of any relationship, and a lawyer should guide you safely, professionally and humanely through this often painful procedure.
Lawyer Aleksandar Kostić, ll.m.