Child Custody and Shared Care
Facing a dispute over who the child will be entrusted to, or does the other parent oppose shared care? I will help you arrange the child's care so that it works in practice, whether you agree with the other parent or the court has to decide on the scope of care.
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Ing. Mgr. Tomáš Beneš, attorney
Czech Bar Association reg. no. 20354 · Updated 23 July 2026
What I will do for you
The care of a child after parents separate is one of the most sensitive situations in family law. I will help you arrange it so that it works in practice, whether you reach agreement with the other parent or the court has to decide on the scope of care.
- ✓Assessment of your situation and a proposal on how to arrange the child's care in your specific case
- ✓Negotiating an agreement with the other parent, including drafting a written care agreement
- ✓Representation in court proceedings if you cannot agree with the other parent
- ✓Resolving child support alongside the child's care
- ✓A motion to change the scope of care or child support if the family circumstances change
How the child's care is arranged today (the 2026 reform)
Since 1 January 2026, a family law reform has been in force (Act No. 268/2025 Coll.), which abolished the former categories of sole, alternating (shared) and joint care as separate legal terms. If, in connection with your situation, you are searching for "placement in shared care" or "placement in sole care", these are terms still commonly used in practice, but the law has no longer worked with them since January 2026.
Instead, the Civil Code (Section 907) distinguishes two situations. If you agree on the child's care, the court decides under Section 907(1) that the child remains in the care of both parents without itself determining each parent's specific scope of care, which roughly corresponds to what used to be called joint care. If you and the other parent do not agree, the court itself determines each parent's scope of care under Section 907(2); this framework covers anything from a roughly even split of time to a markedly asymmetric arrangement, that is, including what used to be called shared or sole care.
If you and the other parent do not live together and cannot agree, the court decides on care even without a motion, following the same rules as in a divorce (Section 908 in conjunction with Sections 906 and 907).
How the court decides on care
The law sets the interest of the child as the criterion (Section 907(2)). Courts interpret it, in line with the Convention on the Rights of the Child and case law, especially that of the Constitutional Court, as the best interest of the child. The earlier detailed list of factors was removed from the law, and its content continues to be shaped by case law. In practice, this means the court pays particular attention to:
- ✓the child's emotional bonds with both parents and siblings
- ✓each parent's ability to ensure the child's stable and healthy development
- ✓the child's wishes, where they are able to express them given their age and maturity, as one of the factors, not as the decisive one
- ✓practical circumstances, such as the distance between the parents' homes, school attendance or work commitments
The law does not prefer any specific model of care. The Constitutional Court has, however, long regarded the care of both parents as the default model; the court always adapts its specific form, including any asymmetry, to the interest of the child and the circumstances of the particular family.
Important: equal care does not automatically mean a 50:50 split of time. It is a matter of value, not of time; both parents have an equal standing towards the child, but that does not mean the same number of days or hours. In its ruling I. ÚS 2364/24 of February 2025, the Constitutional Court expressly stated that the constitutional order does not require a 50:50 split; the court is to proceed from the specific circumstances and the interest of the child, even with a markedly asymmetric outcome.
What if the other parent opposes custody or shared care
The other parent's disagreement alone does not stop the proceedings. Under Section 907(2), if the parents do not agree on care, the court determines each parent's scope of care itself, regardless of whether one of them agrees. The approach I recommend in such a situation has three steps. First we try to reach agreement; even partial agreement (for example on which school the child will attend) makes further negotiation easier and is always a faster and cheaper route than a court dispute. If you cannot agree on your own, mediation or negotiation with lawyers for both sides can help before the matter reaches court. And if agreement is not possible, I will file a motion to arrange the affairs of the minor child on your behalf, or represent your interests in proceedings initiated by the other parent.
How court proceedings on the child's care work
Where the proceedings are joined with a divorce, the court first deals with the child's affairs and grants the divorce only if the care agreement is approved or the court has itself decided on the scope of care (Section 755(3) in conjunction with Section 906 of the Civil Code). Where the parents live apart without divorcing, the court starts proceedings on care even without a motion if the parents do not agree (Section 908). The proceedings usually also include a decision on child support: if the court itself determines the scope of care, it decides on child support at the same time (Section 919 of the Civil Code); if you have a care agreement without a determined scope and also agree on child support, the court does not decide on it authoritatively itself. If, however, you agree on child support and want to hold an enforceable title (for example for enforcement by a bailiff), the court can approve your child support agreement. As your lawyer, I will prepare the materials for your situation (which school the child attends, their routine, what the care has looked like so far), draft the necessary filings and represent you throughout the proceedings. If the family circumstances later change substantially, a motion can be filed to change the scope of care and child support (Section 909).
Cost of the service
The price depends on the scope of representation, that is, whether it involves preparing an agreement with the other parent or representation in court proceedings on care and child support. I will confirm the exact price after the first consultation, once I know your specific situation.
from CZK 7,490
indicative price
- ✓Care agreement with the other parent
- ✓Representation in child custody proceedings
- ✓Child support resolved alongside care
Who will handle your case
Ing. Mgr. Tomáš Beneš
Attorney registered with the Czech Bar Association, based in Prague.
Law degree from Charles University. I focus on business law, real estate and employment disputes. I handle every case personally, no assistants.
More about me →How we will work together
Describe your case
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