Joint Custody After the 2026 Amendment: What Has Changed and How Courts Rule Today

Quick Overview

The term “shared custody” has not disappeared from everyday language. However, as of January 1, 2026, the Civil Code no longer uses it as a separate form of custody determination. The court will now either decide that the child remains in the custody of both parents without specifying the extent of each parent’s custody, or it will specify that extent

• If the parents reach an agreement, the court may leave the child in the care of both parents without a fixed schedule.
• In the absence of an agreement, the court will determine the specific scope of each parent’s custody.
• Custody does not have to be divided equally; the best interests of the child are the deciding factor.
• The court may order child support even when both parents are significantly involved in the child’s care.
• The amendment does not automatically overturn previous rulings on shared or sole custody.

Are you figuring out how to arrange child custody after a breakup, or do you need to modify an older court ruling? We can help you prepare a parenting agreement, a petition to the court, and arguments regarding the scope of custody and child support.

What the Amendment Has Changed Regarding “Joint Custody”

The biggest change is the end of the previous categorization system. Until the end of 2025, courts formally awarded a child to the custody of one parent, to shared custody, or to joint custody. The amendment to the Civil Code, effective January 1, 2026, has eliminated these categories.

Today, three main situations may arise:

The parents agree on shared custody without a court determination of the scope: The court decides that the child remains in the custody of both parents without specifying the scope of each parent’s custody.
The parents agree on a specific scope of custody: The court may approve their agreement unless it is clear that the agreed-upon custody arrangement is not in the child’s best interest.
The parents cannot reach an agreement, or the court does not approve their agreement: The court will determine the extent of each parent’s custody based on the child’s best interests and, if necessary, will also establish the terms of custody.

In practice, therefore, the resulting arrangement may still resemble the previous alternating custody arrangement—for example, one week with one parent and one week with the other. However, the decision does not have to be labeled as such. The court should focus on a workable schedule, not on which parent “won” the dispute.

The amendment did not introduce automatic 50-50 custody. Equal status between parents does not mean that the child must spend exactly 50% of their time with each parent. The division of custody may be unequal if that better meets the child’s needs.

What Shared Custody Means in Everyday Life Following the Amendment

Parents will continue to commonly use the term “shared custody.” Legally, however, it is more accurate to refer to the extent of each parent’s custody. This can take many forms:

• alternating every week or every fourteen days,
• shorter and more frequent intervals for younger children,
• an asymmetrical arrangement, such as nine days with one parent and five days with the other,
• regular weekdays with one parent and extended weekends or vacations with the other,
• a flexible arrangement without a precise schedule, provided the parents cooperate well over the long term.

There is no single universal model. For a preschooler, more frequent alternation may be appropriate so that the time spent away from either parent is not too long. For a school-aged child, on the other hand, the need for a stable schedule and access to school and extracurricular activities may take precedence. As the child gets older, their opinion also becomes more important.

From experience: The most common mistake is to focus on the exact number of days and overlook how the arrangement will actually work in practice. An agreement that looks fair on paper may fall apart due to issues with handing over school supplies, medications, or homework information—or because of a long commute.

How the court determines the scope of parental care

The best interests of the child remain the primary criterion. The court therefore does not consider only the parents’ wishes but the child’s entire daily life. Typically, it focuses primarily on:

• the child’s relationship with each parent, siblings, and other close relatives,
• the parents’ involvement in care to date and their ability to provide for the child’s basic needs,
• the child’s age, health, and personality,
• the child’s opinion, taking into account their age and level of maturity,
• the distance between residences, and access to schools, preschools, doctors, and extracurricular activities,
• the parents’ work schedules and the realistic possibility of providing in-person care,
• the parents’ ability to share important information and respect the child’s relationship with the other parent,
• the risk ofviolence, neglect, manipulation, or other threats to the child.

The parents’ conflict alone does not automatically preclude shared custody. What matters is the intensity of the conflict and its impact on the child. If the parents can manage the necessary practical communication and do not involve the child in the dispute, shared custody can work. 

However, if handoffs are regularly accompanied by arguments, the parents withhold health or school information from each other, or force the child to choose sides, the court may adjust the scope of custody accordingly.

Court decisions are not a matter of mathematics. Two similar cases may be decided differently because the specific needs of the child, the available evidence, and how the family actually functions are the determining factors. That is why it is important not to simply present the court with a general assertion that you want “shared custody,” but to describe a feasible arrangement.

Do parents have to go to court regarding child custody?

When a married couple is getting divorced

If spouses have a minor child together, the court must also resolve the child’s custody and support arrangementsduring the divorce . Starting in 2026, divorce and child custody matters will generally be heard in a single joint proceeding. Thus, parents typically do not file two completely separate petitions as they did in the past.

When the parents were not married

Unmarried parents can agree on custody arrangements even without going to court when they separate. However, a court decision is advisable or necessary if they cannot reach an agreement, need an enforceable custody or child support arrangement , or if one parent fails to comply with the agreement.

What About Child Support When Both Parents Have Custody?

Joint custody by both parents does not automatically mean no child support. The court takes into account the child’s reasonable needs, the parents’ income and financial circumstances, the family’s standard of living, and the actual extent of personal care provided.

If the parents reach an agreement and the child remains in the care of both parents without specifying the extent of care, the court generally does not rule on child support during the divorce. However, it may approve their agreement regarding child support.

When determining the child’s living arrangements following a divorce, if the court specifies the extent of each parent’s care, it will always rule on child support as well; in doing so, it may approve the parents’ agreement. For unmarried parents, the same automatic rule does not apply: if they do not agree on the fulfillment of the child support obligation, the court will decide on child support, but it may also approve their agreement. Child support may be appropriate, for example, when one parent earns significantly more, the child spends less time with that parent, or the other parent covers most of the child’s school, health care, and recreational expenses. The goal is not to “reward” one parent, but to ensure an adequate standard of living for the child with both parents.

For example: A child spends nine out of fourteen days with the mother and five days with the father. The father, however, has an income several times higher. The court may order the father to pay child support even though he regularly cares for the child in person.

What Applies to Judgments Issued Before 2026

The amendment does not automatically revoke or override older decisions regarding sole, shared, or joint custody. The existing judgment remains enforceable in its original form.

A modification may be requested if circumstances change significantly. Typical examples include the child starting school, a move, a change in a parent’s work schedule, long-term failure to comply with the handover arrangement, a change in the child’s needs, or the child’s justified wishes. A change in the terminology of the law alone does not constitute grounds for new proceedings.

Do you need to modify an older custody arrangement? First , you must describe what has actually changed since the last decision and why the new arrangement better meets the child’s needs. We will help you assess your chances, prepare a proposal, and select appropriate evidence.

Summary

As of January 1, 2026, the law no longer treats sole, shared, and joint custody as separate legal categories. If the parents reach an agreement, the court may leave the child in the care of both parents without a precise breakdown. In the absence of an agreement, the court will determine the specific scope of each parent’s custody based on the child’s best interests and, if necessary, establish the terms of custody. The division does not have to be 50/50; child support may be ordered even when both parents provide regular care, and previous court rulings remain valid until circumstances change. The best outcome is achieved through a specific, practical, and long-term feasible agreement that addresses not only the custody schedule but also finances, handoffs, and the sharing of information.