Family Law
Child Custody in Greece
In Greece, child custody encompasses several aspects, including physical custody (with whom the child will live), legal custody (who has the authority to make important decisions regarding the child’s welfare, including education, health care, and religious upbringing), and visitation rights.
The Greek legal framework for child custody is designed to prioritize the best interests of the child, ensure that parental responsibility is exercised fairly, and maintain the child’s relationship with both parents. It combines national laws with international conventions to create a comprehensive system that addresses various aspects of child custody and parental responsibility.
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What are the main areas of child custody in Greece?
In Greece, child custody encompasses several key areas, each of which deals with different aspects of a child’s upbringing and welfare. These areas are critical to ensuring that the best interests of the child are met in a comprehensive manner.
The main areas of child custody in Greece include:
- Physical Custody: Determines where the child will live. This may be with one parent (sole physical custody) or alternately with both parents (joint physical custody). It also includes the day-to-day care and supervision of the child, including routines, activities and ensuring that the child’s basic needs are met.
- Legal Custody: Refers to the rights and responsibilities regarding major decisions in the child’s life, such as education, health care, and religious upbringing. In a joint legal custody arrangement, both parents share decision-making responsibilities, while in a sole legal custody arrangement, one parent has the exclusive right to make major decisions regarding the child.
- Visitation rights: The schedule for the noncustodial parent to spend time with the child. This may include regular visits, holidays, and vacations. In cases where there are concerns about the child’s safety, visits may be supervised by a third party or professional.
- Educational Decisions: Decisions about the child’s education, including choice of school, participation in extracurricular activities, and educational support. This includes monitoring and supporting the child’s academic progress and addressing any learning needs or challenges.
- Healthcare Decisions: Decisions regarding the child’s health care, including routine checkups, immunizations, medical treatments, and emergency care.
- Religious Education: Decisions about the child’s religious upbringing, including participation in religious ceremonies, education, and practices
- Financial Support: Financial contributions by the noncustodial parent to support the child’s living expenses, education, and other needs. Agreement on how additional expenses, such as extracurricular activities and medical bills, will be shared between the parents.
- Psychological and Emotional Well-Being: Ensuring that the child has access to psychological support or counseling as needed, especially during and after parental separation. Encourage a positive relationship with both parents when it is in the child’s best interest.
How does child custody work in Greece?
The legal framework governing child custody in Greece is primarily outlined in the Greek Civil Code (Articles 1510-1541) and supplemented by various family law statutes and international conventions to which Greece is a signatory.
Important laws include Law 1329/1983, which modernized family law in Greece by emphasizing the equality of spouses and the shared responsibility of both parents for their children, and introduced provisions to facilitate joint custody and encourage parental cooperation, and Law 3719/2008, which focuses on protecting the best interests of the child in custody disputes and provides guidelines for court procedures in custody cases, ensuring that the child’s voice is heard, often through a child psychologist or social worker.
Child custody in Greece aims to ensure that the best interests of the child are paramount, with a focus on maintaining stability and fostering healthy relationships with both parents.
Overall, Greek law gives both parents joint custody of their children unless a court orders otherwise.
In cases of divorce or separation that are not amicable, parents are encouraged to reach an agreement through mediation.
If mediation fails and the parents cannot agree on custody, the case goes to court. The court intervenes to make a decision based on several factors, including the child’s age, needs, and each parent’s ability to provide care.
The court always considers the best interests of the child when making custody decisions.
When determining custody, Greek courts consider:
- The child’s emotional and psychological well-being
- The child’s relationship with each parent
- Each parent’s ability to provide for the child’s needs
- The child’s preference, especially if the child is older and more mature
While a custody case is pending, the court may make temporary orders to ensure that the child’s immediate welfare is protected. These orders may include temporary living arrangements and visitation schedules.
The noncustodial parent is usually granted visitation rights to maintain a relationship with the child. Visitation schedules are established to ensure regular and meaningful contact.
Custody orders are legally binding and non-compliance can result in legal consequences.
Custody orders can be modified if there is a significant change in circumstances, such as relocation, changes in the child’s needs, or changes in a parent’s ability to provide care. Either parent may petition the court to modify the existing custody arrangement.
Parental Custody in Greece for Children Born Out of Wedlock
In Greece, the legal framework for parental custody of children born out of wedlock addresses several specific considerations to ensure the rights and responsibilities of both parents and the welfare of the child.
By default, the mother has sole parental responsibility (custody) for the child born out of wedlock.
If the father acknowledges paternity, both parents may agree to share parental responsibility. This agreement can be formalized by a notarial deed or a court order.
The father can voluntarily acknowledge paternity, usually by signing an acknowledgment of paternity at the civil registry office at the time of the child’s birth or later.
If the father does not voluntarily acknowledge paternity, the mother or the child may file a court action to establish paternity.
In cases where the parents cannot agree on the division of parental responsibility, either parent can petition the court to determine the custody arrangement based on the best interests of the child.
Parental Custody in Greece for Children Born Abroad
Parental custody in Greece for children born abroad involves several legal considerations, especially when it comes to recognizing parental rights and navigating international and domestic laws. International laws and treaties play an important role, especially in cross-border cases, in ensuring that custody and support obligations are met and the best interests of the child are prioritized.
If the case is brought before a Greek court, the same principles of the Greek Civil Code apply to children born abroad. However, in determining custody, Greek courts may also consider private international law, particularly in cases where one parent is a foreign national or where there is a significant connection with another country.
Greek courts have jurisdiction over custody matters if the child is a Greek citizen, if one or both parents are Greek, or if the child resides in Greece. In some cases, jurisdiction may be shared with the courts of the country where the child was born.
Custody orders issued by foreign courts may be recognized and enforced in Greece under certain conditions, particularly if they are in accordance with Greek public policy and the best interests of the child.
In cases involving parents living in different countries, international agreements and treaties, such as the Hague Convention on the International Recovery of Child Support, may facilitate the enforcement of child support obligations.
If a parent wishes to move to or from Greece with the child, he or she must obtain the consent of the other parent or a court order. The court will consider the impact of the relocation on the child’s welfare. For international travel, the consent of both parents is usually required. This is particularly important to prevent international child abduction.
* The information on this site is provided for the sole purpose of illustrating the subject matter. It in no way constitutes legal advice nor a substitute for individual legal advice provided by counsel. Each case is unique, presents unique circumstances, and should be evaluated in detail by an attorney who will verify its specific circumstances.
Contact Leptokaridou Law Firm
Contact Us for Expert Legal Assistance in Child Custody Cases in Greece
Our legal experts have the experience and knowledge necessary to handle even the most complex child custody cases in Greece. We are here to provide you with clear, effective legal advice and representation to ensure the best possible outcome.
Contact us today or schedule an appointment at our Berlin office to discuss your situation and find out how we can help you achieve a custody arrangement that works for your family.
Our legal team will help you handle child custody cases in Greece.
Athens
+30 210 7008720
Thessaloniki
+30 2310 284408
Berlin
+49 30 88702382
Get the professional help you need to navigate the complexities of child custody in Greece.
Contact Leptokaridou Law Firm to secure a favorable child custody arrangement which is essential for your child’s well-being and your peace of mind.
Athens, Greece
+30 210 7008720
[email protected]
Thessaloniki, Greece
+30 2310 284408
[email protected]
Berlin, Germany
+49 30 88702382
[email protected]
You can also send your general inquiries to our central coordination at [email protected].