Parental Rights Before Divorce

QUESTION
How should childcare be handled before a divorce?

ANSWER:
Under normal circumstances, both parents of a minor exercise parental rights equally, including the obligation to provide “continuous and consistent care for the upbringing, health, nutrition, and all-round development of the minor child” (§ 28(1)(a) of Act No. 36/2005 Coll., the Family Act, hereinafter “FA”).

It also applies that “on essential matters relating to the exercise of parental rights and obligations,” parents cannot decide independently but must always reach an agreement (§ 35 FA).

Even if, given the impending divorce, the conditions, relationships, and general atmosphere in the family are not ideal, neither spouse can unilaterally take exclusive care of the minor child or, for example, prevent the other spouse from having personal contact with the child.

The divorce judgment will also include a ruling on the arrangement of personal custody. Therefore, if the spouses cannot agree on custody themselves, they should wait for the court’s decision and, until then, avoid taking any drastic steps (which could ultimately have a negative impact on how the court will arrange parental rights for the period after the divorce).

See also:

  • Joint personal custody of a child by parents
  • What are parents’ rights and obligations toward their children?
  • Preventing contact with a child