Joint Exercise of Parental Rights in the Context of Divorce
Joint Exercise of Parental Rights in the Context of Divorce

Summary/Abstract: Joint exercise of parental rights is an adequate form of parental care after divorce if the parents are able to overcome mutual animosity, and resolve conflicts, that may result in the complete dissolution of the family unit. Joint custody eliminates the negative effects of the sole exercise of parental rights since former spouses still have equal legal status after divorce so that they are jointly responsible for raising a child. In joint custody, parents jointly exercise all rights and responsibilities of parenting and make agreements, whereas the physical custody of the child in most cases belongs to one parent, though there may be an option of the child’s alternate residence with both parents, in which case both parents alternately have the custody of the child. The concept of joint exercise of parental rights is based on the idea of equally important role of both parents in the proper physical and mental development of the child and on the principle of parents’ equality in relation to the child. In addition, joint custody endeavors to preserve the relationship between the child and the parent with whom it does not live. Therefore, the positive effects of joint custody reflect on all participants in the relation of parental rights. In the European legal space joint custody after divorce is exceptionally popular. However, since it was legalized in 2005, this form of parenting by divorced parents has not been sufficiently established in practice in the Republic of Serbia. Still, with the further insight into the advantages of the joint custody, it is reasonable to expect that parents will increasingly opt for this form of care. In addition, given the evolution of the model of joint care in comparative law, it is reasonable to conclude that in due course the presumption of joint exercise of parental rights after divorce will find its place in the Serbian legal system.

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