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From Sole and Alternating to Co-Equal Parenting

The amendment changes the concept of child care.

Equal parental care in Czechia from 2026 replaces the former labels of sole, alternating and joint care, but it does not automatically mean a 50:50 division of the child’s time. If parents disagree, the court will define the practical extent of each parent’s care according to the child’s needs and best interests. This article explains what the new principle changes, how parental agreements will work and what courts will consider.

The picture shows an expert discussing changes in the concept of child custody.

Key takeaways

  • The court will no longer determine the "type of care" as either sole or alternating. The new legislation abolishes the previous categorization of care, which often led to unnecessary conflicts and feelings of inequality between parents.
  • Parental responsibility remains equal and joint after a divorce. The court will now decide on the specific scope and manner of each parent's exercise of care, rather than formally "awarding" the child to one parent.
  • Child care arrangements will be tailored to the individual needs of the family. The court will consider the child's age, daily routine, the distance between the parents' residences, and the actual capabilities of each parent to ensure the child's best interests.
  • The court may restrict the exercise of care in an unsuitable environment or in the presence of certain individuals. This measure serves to protect the child from negative third-party influences or a dangerous environment, but only for serious and specific reasons.

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The End of Formal Labels

  • sole custody by one parent,

  • alternating care at precisely defined intervals,

  • and joint care, if the parents agreed on the care and were both able to provide it.

This categorization was often a source of unnecessary conflict, with parents fighting over the "type of care" rather than its specific arrangement. It also led to parents feeling like either the "resident parent" or the "second-in-line," which further exacerbated tensions.

Equality as a Starting Point

The new legislation is based on the principle that parental responsibility remains joint and equal after a divorce. Divorce does not make parents unequal partners—the child continues to have two parents with the same degree of responsibility and rights.

Therefore, the court will no longer determine the "type of care" but will decide on the scope and manner of each parent's care. The law allows for care to be arranged individually—according to the child's age, daily routine, distance between residences, the child's needs, and the practical capabilities of each parent.

Scope of Care Instead of Assigning the Child

Instead of the traditional "granting of sole custody," the court will now decide:

  • the extent to which each parent will care for the child,

  • when and how the child will be with each of them,

  • and, where applicable, what rules will apply to handovers, communication, or the involvement of other persons.

This approach is intended to allow for greater flexibility and adaptation to the specific family situation—without the need to formally decide whether it is sole or alternating care.

Option to Limit Certain Influences

The law also grants the court the power to restrict care in a certain environment or in the presence of specific individuals if it is necessary for the child's best interests. This will most often apply to situations where the child would be exposed to the negative influence of a third party (e.g., a parent's partner, a conflict-ridden family member) or where the care environment is not safe for the child.

However, this option is not intended for broad interference in a parent's domestic life. The court may use this tool only if there are specific and serious reasons to believe that the child would be harmed without such a restriction.

Frequently Asked Questions on the Scope of Child Care

1. How can parents ensure that the court does not determine the scope of care?

By agreement. If the parents reach an agreement, the court will rule that the child remains in the care of both of them, without determining the scope of each parent's care (Section 907(1)). The parents then set the specific division of time themselves according to the child's needs.

2. On what basis will the court determine the scope of care if the parents do not agree?

Based on the child's best interests (Section 907(2)). The court will take into account, for example, the child's age, daily routine, the distance between the parents' residences, and their practical ability to provide care.

3. Can the court prohibit a certain person from being present during care?

Yes, if it is necessary in the child's best interests. The court may specify the place where a parent may or may not care for the child, or the persons who may or may not be present during care (Section 907(3)). It will do so only where there are specific and serious reasons, typically the negative influence of a third party.
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Room for Parental Agreement

The fundamental rule remains that parents can reach an agreement. If the agreement respects the child's best interests, the court will generally approve it. The amendment strengthens the possibility for parental agreements not to be limited by formal categories and for the court not to interfere unnecessarily with the content of the agreement, provided the child is not at risk.

This new approach thus encourages consensual solutions and individual care arrangements, rather than pitting parents against each other in a battle for "resident status."

Summary

From January 2026, when deciding on child care, it will no longer be determined whether it will be sole, alternating, or joint care. Under Czech legislation, the starting point is that both parents have equal responsibility for the child even after divorce, and the court will only decide on the specific scope and manner of care.

It is important to note that equal care should not be confused with uniform care. The amendment does not explicitly presume that the child must spend the same amount of time with each parent. The court's decision must continue to respect the uniqueness of each situation and the child's best interests. Thus, the change in terminology does not alter the principle—care should be arranged fairly, not mechanically divided.

Frequently Asked Questions on Equal Care

1. What does equal care mean?

The child has the right to equal care from both parents, and the parents have the right to equal care of the child (Section 888(1)). However, equal does not mean uniform: the law does not presume that the child will spend the same amount of time with each parent.

2. When does the new legislation apply from?

From 1 January 2026, when the amendment to the Civil Code No. 268/2025 Coll. took effect. Court decisions on granting custody of a child issued before that date remain in force.

3. Does the court still decide on sole or alternating care?

No. The amendment has abandoned these categories, and the court decides on the scope and manner of each parent's care. Parents therefore do not argue over the type of care, but over its specific arrangement.

4. Does the court decide on care even if the parents were not married?

Yes, if the parents of a minor child do not live together and do not agree on the arrangement of care. The court will then decide even without a petition and will proceed similarly to a divorce (Section 908).

5. Will the court approve every parental agreement on care?

No. The court will approve the parents' agreement unless it is evident that the agreed manner of care is not in line with the child's best interests (Section 906(2)). The agreement should therefore be set out specifically, for example when and how the child will be with each parent.

6. Do parents have to cooperate after separation?

Yes. If the parents do not live together, they must properly prepare the child for the other parent's care, duly enable such care and cooperate with the other parent to the necessary extent in providing it.

Next steps

Every situation is different and the right approach depends on the details. Tell us what you are dealing with – an ARROWS specialist will get back to you within 24 hours, assess your situation and propose the next steps.

About the author

Mgr. Vendula Růžková, LL.M., MBA
Mgr. Vendula Růžková, LL.M., MBA

Associate

Mgr. Vendula Růžková, LL.M., MBA is an experienced attorney at ARROWS, specializing in commercial and civil litigation. Her focus lies in procedural law and the development of litigation strategies aimed at achieving concrete results and protecting clients’ business interests. She also practises family law and inheritance law, in particular divorces, arrangements for minor children, child maintenance and the protection of family assets from the risks of business activity.

Disclaimer:

The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 350,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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