Child Custody Arrangements After Divorce
Under the Estonian Family Law Act (Perekonnaseadus - PKS), parents retain equal rights and responsibilities toward their children. According to PKS § 122 (1), joint custody remains the default status even after a divorce. This implies that parents must reach a mutual agreement regarding significant decisions, such as the child's place of residence, education, and medical care.
How to Reach an Agreement
The most effective approach is a written agreement between parents. This document should clearly outline:
- Living Arrangements: Where the child resides and the schedule for visitation with the other parent.
- Decision-Making: How responsibilities for daily and major life decisions are divided.
- Child Support: The fulfillment of maintenance obligations as stipulated in PKS § 97.
If parents cannot reach a consensus, the matter may be brought to court. In all proceedings, the court is guided by the best interests of the child (PKS § 126). While the court may designate one parent's home as the child's primary residence, joint custody is typically maintained unless there are compelling reasons to do otherwise.
When is Custody Restricted?
In exceptional cases where joint custody is detrimental to the child's interests, the court may grant sole custody to one parent upon request or recommendation from child protection authorities. This is an extreme measure reserved for situations where parents are fundamentally unable to cooperate, thereby harming the child's welfare.
Navigating family law can be complex and emotionally taxing. We strongly recommend consulting with a legal professional to draft a robust agreement that protects your rights and your child's future. Our advanced legal AI assistant at Legal Aid 24 is ready to provide a personalized analysis of your unique situation. Contact us today to secure the best possible outcome for your family.