Article 75. Exercise of parental rights

Parental rights may not be exercised in conflict with the interests of the children. Ensuring the interests of children should be for their parents the main subject to concern.

In exercising parental rights, parents may not harm children's physical and mental health or their moral development. The methods of upbringing the children shall exclude their negligent, cruel, inhuman, or degrading treatment, abuse or exploitation.

Parents who exercise parental rights to the detriment of children's rights and interests shall be liable in the manner established by law.

All issues relating to the upbringing and education of children shall be resolved by the parents by mutual consent on the basis of the children's interests and taking into account the children's opinion. In case of a disagreement between the parents (or one of them), they shall have the right to apply to the guardianship and trusteeship body or to the courts for the resolution of these disagreements.

In the event of a separated living of the parents, the place of residence of the children shall be established by agreement between the parents. If there is no agreement, the dispute between the parents shall be resolved by the court in the interests of the children, taking into account the children's opinion. Hereby, the court shall take into account the attachment of the child to each parent and his/her brothers and sisters, the age of the child, the parents' moral and other personal qualities, the relations existing between each parent and the child, and the parent's ability to provide the child with the necessary conditions for upbringing and development (parents' occupation, parents' work schedule, parents' financial and family situation, etc.).