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  • Writer's pictureĽudmila Porubová

Custody rights in Czechia

Introduction

When a marriage or partnership begins to fall apart, one of the most crucial aspects of the separation process is child custody. Under the Czech law, child custody can be addressed either through an amicable agreement between both parents or, if consensus cannot be reached, through a court's authoritative decision. Read on to learn more about what kind of custody can be arranged under the Czech law.


Amicable Agreement

Ideally, parents should aim for an amicable agreement when it comes to child custody. This agreement usually includes various aspects of parenting, such as where the child will reside, visitation schedules, and financial support. When both parents can come to an understanding that prioritizes the best interests of the child, it can reduce stress and emotional turmoil during a divorce or separation. Remember that the agreement is in most of the cases better solution.


Court Decision

In cases where parents cannot agree on child custody arrangements, the court steps in to make the final decision. Under the Czech law, there are three different types of custody arrangements:


1. Sole Custody with access rights

In exclusive custody, the child is placed under the sole care of one parent. However, this does not mean that the other parent is entirely excluded from the child's life. The non-custodial parent typically retains certain rights, such as visitation and involvement in important decisions regarding the child's upbringing and development.


2. Alternating (Shared) Custody

Alternating custody involves both parents sharing custody at regular (equal or non-equal) intervals. This arrangement is favored unless circumstances suggest that an alternative arrangement would better serve the child's interests.


3. Common Custody

Common custody is reserved for exceptional cases, such as when both parents continue to share a household despite their separation. It involves both parents having simultaneous custody rights and presupposes complete agreement of the parents in matters of child custody and the child's upbringing and development.


Further matters to consider

Regardless of the type of custody arrangement, it is important address this matter either before the divorce or after the breakdown of the parents' relationship. Additionally with custody issues, child support must be resolved as well.


Conclusion

If you find yourself in a situation where child custody is a concern, our experienced legal team can assist you this challenging time. Reach out to us at info@expatlaw.cz for some legal guidance or legal representation in this matter.

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