Child Custody and Care After the 2026 Reform
Since January 2026, courts no longer place children in sole, alternating, or joint custody, they only set the scope of care for each parent. I explain what changed, how courts decide, and what it means for child support.
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Ing. Mgr. Tomáš Beneš, attorney-at-law
Czech Bar Association reg. no. 20354 · Updated 22 July 2026
What changed: the end of sole, alternating and joint custody
A major amendment to family law, Act No. 268/2025 Coll., has been in force since 1 January 2026, changing the Civil Code and related procedural rules. It is the most far-reaching change to child custody rules since 2014. The most visible change is the removal of terms that had been standard in every divorce and guardianship proceeding for years: sole custody, alternating custody, and joint custody no longer exist as separate legal categories as of January 2026.
Instead, the law works with a single model, care by both parents, which then splits depending on whether the parents agree on its arrangement:
- ✓Parental agreement: if you agree on care, the court simply decides that the child remains in the care of both parents, without itself setting a specific time split. This roughly corresponds to the former joint custody.
- ✓No agreement: if you cannot agree, the court itself determines the scope of care for each parent, meaning when and for how long the child is in the care of each of you. This can range from a near-equal split to a significantly asymmetric arrangement.
Beware of texts that still talk about being “placed in alternating custody”
A lot of advice articles and templates online were written before 2026 and still use the old terminology. If you come across a text that talks about placing a child in sole, alternating, or joint custody as a valid legal category, it reflects the legal situation before 1 January 2026 and is out of date.
How the court decides on care if you cannot agree with the other parent
After the reform, the law retains a single criterion for how the court determines the scope of care: the interest of the child (Section 907(2)). Courts interpret it, in line with the Convention on the Rights of the Child and case law, as the best interest of the child. The earlier detailed list of factors the court had to weigh was removed from the law. The reasoning is that, according to the legislature, the list was redundant, since its actual content continues to be shaped by case law, especially that of the Constitutional Court.
In practice, this means that when assessing the child's best interest, the court pays particular attention to:
- ✓the child's emotional bonds with both parents and any siblings
- ✓each parent's ability to provide a stable and healthy environment for the child's development
- ✓the child's own wishes, where the child is old enough and mature enough to express them, as one factor among others, not a decisive one
- ✓practical circumstances, such as the distance between the parents' homes, school attendance, or each parent's work schedule
The court has no statutory preference for any particular model. It always decides individually, based on the circumstances of the specific family, not according to a blanket formula that would apply to everyone.
Does equal care mean a 50:50 time split?
One of the most common misconceptions I see among clients is the idea that the reform introduces a mandatory equal time split between parents. That is not the case. Equal (rovnocenná) care is a value concept, not a time-based one: both parents hold an equal standing and equal obligations toward the child, which does not mean they must have the same number of days or hours.
The Constitutional Court addressed this question explicitly even before the reform took effect, in decision I. ÚS 2364/24 from February 2025. It stated that the constitutional order does not require alternating custody to be split 50:50 between the parents as a default model. Instead, the court must always base its decision on the specific circumstances and the child's interest, even where the resulting arrangement is significantly asymmetric.
For parents who enter negotiations expecting the law to guarantee them half the time with the child, this can come as an unwelcome surprise. I recommend approaching negotiations with realistic expectations: the court's goal is a workable arrangement for the child, not a mathematically equal split between the parents.
What happens to child support when the court does not set a scope of care
Child support for a minor child remains, after the reform, part of the agreement or decision on arrangements for the child. Its amount depends mainly on the parent's income, the child's needs, and the extent of care the other parent provides. The new rules do, however, change when the court decides on it automatically and when only on request:
- ✓if the court itself determines the scope of care because you could not agree with the other parent, it decides on child support at the same time
- ✓if you have an agreement without a specific scope of care (the child remains in the care of both parents) and you agree on child support, the court does not decide on it authoritatively itself. If, however, you want to hold an enforceable title (for example for enforcement by a bailiff), the court can approve your child support agreement on application
In practice, this means that if you agree with the other parent on care but not on child support, it is advisable to address child support explicitly, it will not resolve itself alongside the care arrangement. You can work out an indicative calculation to use as a starting point in negotiations in the child support calculator. It is always only an estimate; I am happy to clarify the specific amount during a consultation.
How to approach this in practice
1. Try to reach an agreement with the other parent
An agreement is, in every respect, the faster and cheaper route. If you agree that the child will remain in the care of both parents, the court simply approves the agreement and does not have to set a specific scope itself. I recommend putting the agreement in writing even where the law does not strictly require it, so both of you have clarity.
2. Prepare evidence about the child's actual situation
Because the court decides purely based on the child's interest, it helps to have material that describes that interest: where the child goes to school, what their routine looks like, and what the existing care by each parent looks like. The more concrete a picture you give the court, the faster and more precisely it can decide.
3. Do not rely on an equal split as your starting point
As explained above, neither the law nor case law guarantees a 50:50 split. Negotiate with realistic expectations and focus on what works for the child, not on what is mathematically fair between you and the other parent.
4. Address child support explicitly, not silently
If you have an agreement on care without a specific scope, child support will not be resolved on its own. Address its amount at the same time, so that a gap in the arrangement does not cause problems later.
5. Expect the scope of care to change over time
An arrangement that works for a three-year-old may not work for a teenager. If circumstances materially change, you can file a motion to change the scope of care and child support, and the court will again assess what is currently in the child's best interest, not what applied at the time of the original decision.
Frequently asked questions about child custody after the 2026 reform
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.
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