Sole custody of one parent is still the most common form of child custody after separation or divorce of parents. What does sole custody mean for both parent and child? How is the other parent’s contact with the child regulated and what obligations does this type of custody entail?
Sole (or individual) custody of one parent is the most common child custody solution after divorce or separation. As recently as 2022, this model of care was chosen for almost 80% of cases. In this arrangement, the child lives and spends most of his or her time with one parent (typically, children are entrusted to the sole care of the mother), who provides for the child’s daily needs and makes decisions about routine matters. The other parent usually has regular contact with the child and the obligation to contribute to the child’s maintenance.
Although one parent has sole custody of the child, the other parent retains the rights and obligations of parental responsibility. Together, they decide on major issues such as the child’s education, health care or residence. The other parent’s contact can be agreed between the parents or – in the event of disputes – determined by the court.
Exclusive custody does not mean excluding the other parent from the child’s life, but emphasises the child’s best interests. It is particularly appropriate where the parents are unable to communicate effectively or where one parent is unable to care for the child for serious reasons. The aim is to create a stable environment that provides the child with the necessary security and care. However, the proportion is gradually declining and is being replaced by shared or alternate care. The Constitutional Court even ruled in 2022 that if alternate custody is proposed by one parent and the court rejects it, the reasons for this rejection must not only be alleged but also convincingly and thoroughly proven. In other words, the courts should not mindlessly entrust children to one parent when there is a mutual interest of the parents to care for and raise the children.
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Tip: Shared parental custody is another way to arrange child custody after separation or divorce. This type of custody involves a high level of cooperation and communication between the parents, while giving the child the opportunity to maintain a close relationship with both of them. We discuss the details in our article.
An exclusive custody decision can be the result of an agreement between the parents or a court procedure. The ideal scenario is when the parents agree on who will be the main carer and this agreement is subsequently approved by the court. Such a procedure minimises conflict and often better meets the needs of both the child and the parents.
However, if there is a disagreement between the parents, the court decides on (sole) custody. In making its decision, the court takes into account the best interests of the child, which is a key criterion. For example, it examines the child’s relationship with both parents, the parents’ ability to provide for the child’s care and a stable environment, the parent’s employment prospects or even the wishes of the child himself, if his age and maturity allow it. Although current trends are towards equal involvement of both parents, mothers still “win” in the courts . Especially in the case of pre-school children.
Sole custody is most often chosen in cases where one parent is significantly more involved in day-to-day care, while the other parent has limited capacity or interest in regular care. The court may also regulate the other parent’s contact with the child and set maintenance to contribute to the costs of raising the child.
Tip: The forthcoming amendment to the Civil Code is to abolish the current division of forms of care into joint custody, alternate custody and sole custody. Thus, there will no longer be a distinction between the roles of the parents, i.e. the so-called resident parent, who has custody of the child, and the non-resident parent, who has only the right of access to the child. The Ministry of Justice stresses that the divorce does not affect parental responsibility and therefore the care of the child should remain a joint matter for both parents.
Exclusive custody of one parent does not mean that the other parent loses contact with the child. On the contrary, maintaining the relationship between the child and both parents is crucial. The other parent, who does not have sole custody of the child, has the right to see his or her child and be part of the child’s life, unless the court says otherwise.
The other parent’s contact with the child can be regulated in two ways: by agreement between the parents or by a court decision. If the parents are able to communicate and agree, informal arrangements are usually sufficient. Such an agreement can be flexible and adapted to the needs of both the child and the parents.
In cases where the parents cannot reach an agreement, the court will determine the contact. Usual forms include weekend contact once a fortnight, which may be extended to one afternoon a week, for example. However, the courts are increasingly inclined to involve the other parent more widely. The extent of contact depends on specific circumstances, such as the age of the child, the distance of the home or the parents’ working capacity. In addition to normal contact, contact with the child is usually arranged during the spring, Easter, summer, autumn and Christmas holidays. For example, the parents may alternate holidays for a year at a time during the shorter holidays and divide the summer holidays in half or according to another key.
Sole custody of one parent obliges the other parent to contribute financially to the child’s maintenance in the form of maintenance. The amount of maintenance is determined either by agreement between the parents, which is approved by the court, or directly by a court decision. In determining maintenance, the court takes into account the income and assets of both parents, the needs of the child and other circumstances such as the child’s health or the costs of education.
Maintenance includes funds to cover the child’s basic needs such as housing, food, clothing, school supplies and leisure activities. The amount of maintenance may change over time depending on changes in the parents’ income or the child’s growing needs. The parent who has sole custody of the child is required to inform the other parent of significant events in the child’s life, which includes the costs associated with those events.
On the other hand, the other parent is not obliged to pay any costs beyond the agreed maintenance, unless this is the subject of a special agreement. However, it is a good idea if the parents can agree on any extraordinary expenses, such as clubs or holidays. Maintenance is one of the key tools to ensure that the child has an adequate standard of living even if the parents do not live together.
Tip: Life situations change and children’s needs grow. What to do when the original child support proves insufficient? When and under what circumstances can child support be increased, how does the process work and what to remember? We address this in our separate article.
Sole custody of one parent significantly affects the lives of everyone involved, especially the custodial parent and the child themselves. This parent bears the main responsibility for day-to-day care, which involves not only the organisational and financial burden but also the emotional support for the child. It may mean less time for the child to work, social activities or hobbies.
For the child, sole care can be a stable solution that provides a solid background and a single home. On the other hand, it can be challenging to adjust to limited contact with the other parent. If there is a less than ideal relationship between the parents (which is slightly more common in this type of care than in others), the situation is particularly emotionally stressful for the child.
Exclusive care by one parent sometimes raises concerns and is shrouded in many myths. One of the most common is the misconception that the other parent loses his or her parental rights. In reality, both parents continue to share parental responsibility and jointly decide on major issues concerning the child, such as education, healthcare or change of residence.
Another widespread myth is that sole custody means limiting or even prohibiting the other parent’s contact with the child. However, this is not true unless the court orders otherwise for the protection of the child. The other parent has the right to see his or her child to the extent that is in the child’s best interests. Access may be regulated by agreement between the parents or by a court order.
Sole custody by one parent remains the most common form of child custody after divorce or separation, with the key aim of providing a stable and secure environment for the child. Although one parent has custody of the child, the other parent retains parental responsibility and access rights. However, sole custody places high demands on the caring parent, who must manage the day-to-day care and emotional support of the child. This model of care may be appropriate where communication between the parents is not possible, or where one of them is unable to care for the child on a regular basis. Although sole custody is still the most common form, modern approaches tend to involve both parents equally and to favour alternate or joint custody where circumstances allow and it is in the best interests of the child.
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