Divorce is a way of terminating the marriage due to the circumstances occurred during the marriage or on the basis of the agreement of the spouses. These circumstances refer to permanently and severely disturbed marital relations, or to the dissolution of the marital union, from which at least one year has elapsed. In the case of divorce with minor children, the spouses are obliged to participate in the procedure of mandatory counselling that department of social services leads, but if they do not reach an agreement on parental care, during that procedure or in the family mediation procedure, they will not be able to divorce in non-litigation, but in litigation divorce procedure only. Since they have not reached an agreement on parental care, child and spouse support, etc., the court will resolve these issues in litigation procedure by its decision. According to the Family Law, a minor child is allowed to express its opinion in all divorce proceedings, but its realization differs according to whether the non-litigation or the litigation procedure is conducted. In addition to this, the child has a number of other (procedural) rights during the proceedings of divorce of his or her parents, which will be more discussed in this paper.