Family Law in Hungary
Family Law in HungaryUpdated on Wednesday 22nd July 2020
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The Family Law Act in Hungary governs family matters. It encompasses parental responsibilities, matters regarding custody, legal aids and other family matters. Our lawyers can present in-depth information on this legislation, as well as on other legal acts applicable here (related to foreign investments, the protection of trademarks and patents, the activity of commercial companies).
Parental custody can be defined as the parent’s rights and obligations towards his or her minor children. The basic elements that comprise parental duties, as described in Article 71 (2) of the Hungarian Family Law Act are:
- - rights and obligations for caring and raising the child;
- - rights and obligations for managing the child’s possessions;
- - rights and obligations for legally representing the child;
Parental custody is the parent’s right and obligation to decide on behalf of the child and act accordingly. The child, however, has the right to express his or her opinions and wishes, provided that he or she has reached a certain degree of maturity and understanding. The parents or legal guardians must consider the child’s opinion.
Parental responsibility in case of divorce and other occurrences
According to the Hungarian Family Law, both parents, whether married or not, are entitled to a joint and equal custody of their children. The most common case in which the joint custody is replaced is when the parents’ divorce. Even if, legally speaking, the divorce should not affect the joint responsibility, in most cases the custody is established by a mutual agreement or by a court decision.
If the parents were not married when the child was born, legally the child has only one parent: the mother, until the paternity is legally established.
In case of adoption, the child has the same rights as if he or she were the natural child of the adoptive parents. Both of the adoptive parents will share custody for an adopted child until he or she is no longer a minor.
Child placement in case of divorce
According to law, the term of child placement refers to the household of one of the parents with which the child will be placed. The parent that will take care of the child can be established through an agreement or through a judicial decision. The chosen parent will have custody of the child. However, the parent with whom the child is placed does not have full parental custody. The other parent can also contribute on fundamental issues and decisions that concern the child’s life.