Parental responsibility is an integral right, both for the minor child in need of care and protection, as well as for the parents, who are entitled to exercise it under normal circumstances.
In most EU countries, parental responsibility is automatically exercised by the biological mother and subsequently by her husband, if married, in case of non-marriage, the biological father is entitled to exercise it upon prior recognition of the child.
The question that is often asked is whether the biological father, being single, has the right to exercise it on his own. The answer to this crucial question depends on the legislation of each country.
Cypriot law has as its’ basic criterion the best interest of the child. By Law, a minor child has the right to have a normal relationship with both parents. As a result, the Court usually gives joint or shared custody, unless certain parameters do not allow such an option.
In the event of a legal dispute between the two parents, the Court will consider the child’s interest based on the following criteria:
1. The relationship that the minor child has with each parent
2. The relationship that the minor child has with their siblings, if any
3. The financial situation of each parent
4. The lifestyle of each parent
5. The age of the minor child
6. The psychology and feelings of the minor child
7. The specific needs of each child in question
8. The desire of the child, provided the minor has the capacity and maturity to express it.
It is worth emphasizing that custody constitutes a right but also a responsibility. Both parents have the obligation to support their child together or each one separately, according to their financial capacities. Therefore, in the event of a legal dispute between the parents, a decision is made based upon the amount of sustenance, which corresponds to the child’s monthly needs, and is variable, proportionally to the lifestyle of the family prior to the divorce, as well as on the financial capacities of the parents.
Finally, if both parents are deemed unfit to exercise parental responsibility and lose custody of their minor child, the Court may grant custody either to the grandparents, if they are willing to undertake it and have the physical and financial capacity to undertake such responsibility, or to a social worker, who will act in the best interest of the minor child.
Please note that the present article does not, under any circumstances, constitute legal advice. For a private consultation and/or evaluation of your particular case, please contact Arsen Theofanidis LLC and one of our lawyers – legal consultants will be happy to assist you!
N. Kalifatidou
Advocate – Legal Consultant
Arsen Theofanidis LLC