Who Gets the Children?
When parents separate, who decides for the child, and where does the child live? The answer almost always depends on one question first: were the parents married? This guide explains, country by country, who holds parental responsibility if the parents are married, how an unmarried father gets it, what normally happens after a divorce or separation, and what happens when a parent wants to move away with the child.
Part of the comparative law toolkit. Each country page links to an official source. The 27 EU countries come from the European e-Justice Portal’s national pages on parental responsibility.
Joint responsibility continues after separationThe court decides what is best; no automatic ruleSet by religion or personal lawStatute, customary and religious law apply side by sideDiffers by state, region or provinceLighter shade: a general outline for the country's legal tradition, not yet checked country by countryNot yet covered
Read this first
This guide describes the default rules, meaning what the law provides before a court looks at the particular family. Every court decides what is best for the child in the case in front of it, so an outcome can differ from the default. The guide gives no outcomes and no amounts. Family law is reformed often, and a family with a parent or child in another country faces hard questions of jurisdiction. Take advice in each country involved, and act quickly if a child has been taken abroad. This is general information, not legal advice.
Every country covered
Married parents first, unmarried fathers second. Open a country for the full picture. A tick under “Hague” means the 1980 Hague Child Abduction Convention is in force for the country, though it works only with the countries that have accepted it.
| Country | After separation | Unmarried father | Hague | In short |
|---|---|---|---|---|
| Argentina | Joint continues | Equal, if paternity is established | ✓ | In Argentina shared parental responsibility is the rule, married or not, and shared care of the child is the preferred arrangement after separation. |
| Australia | Court decides | Equal, if paternity is established | ✓ | In Australia both parents have parental responsibility, married or not, and the court decides by the child's best interests; there is no presumption of equal time. |
| Austria | Joint continues | Needs a declaration or step | ✓ | In Austria both parents have custody if they are married, and an unmarried father needs a joint declaration; joint custody continues after divorce. |
| Belgium | Joint continues | Equal, if paternity is established | ✓ | In Belgium both parents exercise parental authority jointly, married or not, and separation does not change that. |
| Brazil | Joint continues | Equal, if paternity is established | ✓ | In Brazil shared custody (guarda compartilhada) is the rule after separation, even if the parents disagree, unless a parent does not want it or cannot care for the child. |
| Bulgaria | Court decides | Check the source | ✓ | In Bulgaria both parents exercise parental rights jointly, and on divorce the court decides which parent holds them. |
| Canada | Varies by region | Varies by region | ✓ | In Canada the court decides parenting arrangements by the child's best interests; the federal Divorce Act covers married parents and each province covers the rest. |
| Chile | Court decides | Needs a declaration or step | ✓ | In Chile the parents agree on who has day-to-day care, shared care is allowed, and the court decides by the child's best interests if they cannot agree. |
| China | Court decides | Equal, if paternity is established | – | In China after a divorce both parents remain the child's parents, a child under two normally stays with the mother, and a child of eight or over has a say. |
| Colombia | Court decides | Equal, if paternity is established | ✓ | In Colombia both parents hold parental authority, and a family commissioner or the court decides custody by the child's best interests. |
| Croatia | Joint continues | Equal, if paternity is established | ✓ | In Croatia both parents have parental care equally and jointly, and they must agree a shared parental care plan if they live apart. |
| Cyprus | Court decides | Check the source | ✓ | In Cyprus parental responsibility is exercised by both parents jointly as a general rule, and on separation the court decides. |
| Czechia | Joint continues | Equal, if paternity is established | ✓ | In Czechia both parents hold parental responsibility whether or not they are married, and it continues after separation. |
| Denmark | Joint continues | Needs a declaration or step | ✓ | In Denmark married parents share custody, an unmarried father needs a joint declaration, and joint custody normally continues after separation. |
| Egypt | Personal law | Personal law | – | In Egypt Muslim law gives the father guardianship and the mother custody of the child until the child is 15, when the child can choose. |
| Estonia | Joint continues | Equal, if paternity is established | ✓ | In Estonia married parents share custody, and an unmarried father shares it when he acknowledges paternity unless they decide otherwise. |
| Finland | Joint continues | Needs a declaration or step | ✓ | In Finland married parents have joint custody, an unmarried father needs an agreement when paternity is confirmed, and joint custody continues after separation. |
| France | Joint continues | Equal, if paternity is established | ✓ | In France both parents share parental authority equally, and separation does not change it; an unmarried father shares it if he acknowledges the child in time. |
| Germany | Joint continues | Needs a declaration or step | ✓ | In Germany an unmarried mother has sole custody until the father makes a custody declaration; after separation joint custody continues unless a court decides otherwise. |
| Greece | Court decides | Check the source | ✓ | In Greece parental responsibility is exercised jointly by both parents, and on divorce the court can give it to one parent or to both. |
| Hungary | Joint continues | Equal, if paternity is established | ✓ | In Hungary the parents have joint custody whether or not they live together, and a child of 14 or over must consent to the court's decision on custody. |
| India | Personal law | Personal law | – | In India the rules depend on the parents' religion: under the Hindu law the mother usually has a child under five, and the Supreme Court has made the mother an equal guardian. |
| Ireland | Joint continues | Needs a declaration or step | ✓ | In Ireland married parents are joint guardians; an unmarried father becomes a guardian by agreement or court order, and joint guardianship continues after separation. |
| Israel | Court decides | Equal, if paternity is established | ✓ | In Israel both parents are the child's natural guardians, married or not, and the court decides custody; a child under six usually stays with the mother. |
| Italy | Joint continues | Equal, if paternity is established | ✓ | In Italy both parents hold parental responsibility, married or not, and joint custody is the usual arrangement after separation. |
| Japan | Court decides | Needs a declaration or step | ✓ | In Japan, since 1 April 2026, divorcing parents can choose joint or sole parental authority, and a court decides if they cannot agree. |
| Latvia | Joint continues | Check the source | ✓ | In Latvia parents living together exercise custody jointly, and joint responsibility continues after separation. |
| Lithuania | Joint continues | Equal, if paternity is established | ✓ | In Lithuania both parents have equal rights and duties towards their children, whether or not they are married. |
| Luxembourg | Joint continues | Equal, if paternity is established | ✓ | In Luxembourg both parents exercise parental authority jointly, married or not, and separation does not change it. |
| Malta | Joint continues | Needs a declaration or step | ✓ | In Malta the mother holds parental responsibility if the parents are unmarried and the father gets it by registering the birth jointly; courts rarely give sole custody to one parent. |
| Mexico | Varies by region | Varies by region | ✓ | In Mexico each state has its own civil code; in general both parents have parental authority (patria potestad) and the court decides custody by the child's best interests. |
| Netherlands | Joint continues | Needs a declaration or step | ✓ | In the Netherlands both parents keep joint parental authority after separation, and an unmarried father gets it by registering it. |
| New Zealand | Court decides | Needs a declaration or step | ✓ | In New Zealand both parents are guardians if they were married or living together or the father is named on the birth certificate, and the court decides care arrangements by the child's welfare. |
| Norway | Joint continues | Needs a declaration or step | ✓ | In Norway parents who live together at the birth, or who are married, have joint responsibility, and it normally continues after separation. |
| Philippines | Court decides | Needs a court order | ✓ | In the Philippines married parents have joint parental authority, the mother alone has it for an unmarried couple's child, and a child under seven stays with the mother. |
| Poland | Court decides | Equal, if paternity is established | ✓ | In Poland both parents have parental responsibility, and the divorce court decides whether to leave it with both or to give it to one. |
| Portugal | Joint continues | Equal, if paternity is established | ✓ | In Portugal parental responsibility lies with both parents, and after separation important matters are decided jointly. |
| Romania | Joint continues | Check the source | ✓ | In Romania both parents hold parental authority equally, and it stays shared after divorce unless there are good reasons to give it to one. |
| Russia | Joint continues | Equal, if paternity is established | ✓ | In Russia both parents have equal rights and duties, married or not once paternity is established, and the child's residence after separation is set by agreement or the court. |
| Singapore | Court decides | Needs a court order | ✓ | In Singapore both parents of a married couple are joint guardians, an unmarried father is not automatically a guardian, and the court decides by the child's welfare. |
| Slovakia | Joint continues | Equal, if paternity is established | ✓ | In Slovakia both parents share parental rights whether or not they are married, and the court can order alternating care if both are fit and want it. |
| Slovenia | Court decides | Equal, if paternity is established | ✓ | In Slovenia both parents have the main and equal responsibility for the child, and on separation they agree on custody or the court decides. |
| South Africa | Court decides | Needs a declaration or step | ✓ | In South Africa the mother has parental responsibility automatically and the father has it if he was married to her or meets the conditions in the Children's Act; the court decides by the child's best interests. |
| South Korea | Court decides | Needs a declaration or step | ✓ | In South Korea divorcing parents agree who has custody and parental authority, and the court decides by the child's best interests if they cannot. |
| Spain | Joint continues | Equal, if paternity is established | ✓ | In Spain both parents share parental authority (patria potestad), and the court decides who has custody and whether it is shared. |
| Sweden | Joint continues | Needs a declaration or step | ✓ | In Sweden married parents have joint custody, an unmarried father registers for it, and joint custody continues after separation without a court decision. |
| Switzerland | Joint continues | Needs a declaration or step | ✓ | In Switzerland joint parental authority is the rule for married and unmarried parents alike, but an unmarried father needs a joint declaration. |
| Ukraine | Joint continues | Equal, if paternity is established | ✓ | In Ukraine both parents have equal rights and duties, and the child's residence after separation is set by agreement or the court. |
| United Kingdom | Court decides | Needs a declaration or step | ✓ | In England and Wales an unmarried father has parental responsibility if he is named on the birth certificate, and the court decides only if the parents cannot agree. |
| United States | Varies by region | Varies by region | ✓ | In the United States custody is decided state by state: the court decides what is best for the child, and an unmarried father usually has to establish paternity first. |
General outlines
These countries have not yet been researched line by line. Each page is a general outline built from the country's legal tradition, with a plain note on why information is hard to find. If you know the law in one of them, please email us what it says and where it is written.
| Country | After separation | Unmarried father | Hague | In short |
|---|---|---|---|---|
| Algeria | Personal law | Personal law | – | In Algeria family law is based on Islamic law: the father is the guardian, and the mother has the care of young children until an age the law sets. |
| Angola | Several laws side by side | Depends on the marriage form | – | Angola follows the Portuguese civil-code tradition, in which both parents exercise parental responsibility and the court decides by the child's interests. |
| Benin | Several laws side by side | Depends on the marriage form | – | Benin follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Botswana | Several laws side by side | Depends on the marriage form | ✓ | Botswana follows the Roman-Dutch tradition, in which the court decides custody by the child's best interests, and customary law also matters for many families. |
| Burkina Faso | Several laws side by side | Depends on the marriage form | ✓ | Burkina Faso follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Burundi | Several laws side by side | Depends on the marriage form | – | Burundi follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Cabo Verde | Several laws side by side | Depends on the marriage form | ✓ | Cabo Verde follows the Portuguese civil-code tradition, in which both parents exercise parental responsibility and the court decides by the child's interests. |
| Cameroon | Several laws side by side | Depends on the marriage form | – | Cameroon follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Central African Republic | Several laws side by side | Depends on the marriage form | – | Central African Republic follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Chad | Several laws side by side | Depends on the marriage form | – | Chad follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Comoros | Several laws side by side | Depends on the marriage form | – | Comoros follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Côte d'Ivoire | Several laws side by side | Depends on the marriage form | – | Côte d'Ivoire follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Democratic Republic of the Congo | Several laws side by side | Depends on the marriage form | – | Democratic Republic of the Congo follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Djibouti | Several laws side by side | Depends on the marriage form | – | Djibouti follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Equatorial Guinea | Several laws side by side | Depends on the marriage form | – | Equatorial Guinea follows the Spanish civil-code tradition of parental authority, with customary law still important for many families. |
| Eritrea | Several laws side by side | Depends on the marriage form | – | Eritrea has its own civil code for family law, with religious and customary rules also recognised. |
| Eswatini | Several laws side by side | Depends on the marriage form | – | Eswatini follows the Roman-Dutch tradition, in which the court decides custody by the child's best interests, and customary law also matters for many families. |
| Ethiopia | Several laws side by side | Depends on the marriage form | – | Ethiopia has its own civil code for family law, with religious and customary rules also recognised. |
| Gabon | Several laws side by side | Depends on the marriage form | ✓ | Gabon follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Gambia | Several laws side by side | Depends on the marriage form | – | Gambia has a children's act that puts the child's best interests first, while customary law and, for Muslims, Islamic law also shape who looks after the children. |
| Ghana | Several laws side by side | Depends on the marriage form | – | Ghana has a children's act that puts the child's best interests first, while customary law and, for Muslims, Islamic law also shape who looks after the children. |
| Guinea | Several laws side by side | Depends on the marriage form | ✓ | Guinea follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Guinea-Bissau | Several laws side by side | Depends on the marriage form | – | Guinea-Bissau follows the Portuguese civil-code tradition, in which both parents exercise parental responsibility and the court decides by the child's interests. |
| Kenya | Several laws side by side | Depends on the marriage form | – | Kenya has a children's act that puts the child's best interests first, while customary law and, for Muslims, Islamic law also shape who looks after the children. |
| Lesotho | Several laws side by side | Depends on the marriage form | ✓ | Lesotho follows the Roman-Dutch tradition, in which the court decides custody by the child's best interests, and customary law also matters for many families. |
| Liberia | Several laws side by side | Depends on the marriage form | – | Liberia has a children's act that puts the child's best interests first, while customary law and, for Muslims, Islamic law also shape who looks after the children. |
| Libya | Personal law | Personal law | – | In Libya family law is based on Islamic law: the father is the guardian, and the mother has the care of young children until an age the law sets. |
| Madagascar | Several laws side by side | Depends on the marriage form | – | Madagascar follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Malawi | Several laws side by side | Depends on the marriage form | – | Malawi has a children's act that puts the child's best interests first, while customary law and, for Muslims, Islamic law also shape who looks after the children. |
| Mali | Several laws side by side | Depends on the marriage form | – | Mali follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Mauritania | Personal law | Personal law | – | In Mauritania family law is based on Islamic law: the father is the guardian, and the mother has the care of young children until an age the law sets. |
| Mauritius | Several laws side by side | Depends on the marriage form | ✓ | Mauritius has a civil code of French origin, with common-law influences, and the court decides custody by the child's interests. |
| Morocco | Personal law | Personal law | ✓ | In Morocco family law is based on Islamic law: the father is the guardian, and the mother has the care of young children until an age the law sets. |
| Mozambique | Several laws side by side | Depends on the marriage form | – | Mozambique follows the Portuguese civil-code tradition, in which both parents exercise parental responsibility and the court decides by the child's interests. |
| Namibia | Several laws side by side | Depends on the marriage form | – | Namibia follows the Roman-Dutch tradition, in which the court decides custody by the child's best interests, and customary law also matters for many families. |
| Niger | Several laws side by side | Depends on the marriage form | – | Niger follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Nigeria | Several laws side by side | Depends on the marriage form | – | Nigeria has a children's act that puts the child's best interests first, while customary law and, for Muslims, Islamic law also shape who looks after the children. |
| Republic of the Congo | Several laws side by side | Depends on the marriage form | – | Republic of the Congo follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Rwanda | Several laws side by side | Depends on the marriage form | – | Rwanda follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| São Tomé and Príncipe | Several laws side by side | Depends on the marriage form | – | São Tomé and Príncipe follows the Portuguese civil-code tradition, in which both parents exercise parental responsibility and the court decides by the child's interests. |
| Senegal | Several laws side by side | Depends on the marriage form | – | Senegal follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Seychelles | Several laws side by side | Depends on the marriage form | ✓ | Seychelles has a civil code of French origin, with common-law influences, and the court decides custody by the child's interests. |
| Sierra Leone | Several laws side by side | Depends on the marriage form | – | Sierra Leone has a children's act that puts the child's best interests first, while customary law and, for Muslims, Islamic law also shape who looks after the children. |
| Somalia | Personal law | Personal law | – | In Somalia family law is based on Islamic law: the father is the guardian, and the mother has the care of young children until an age the law sets. |
| South Sudan | Several laws side by side | Depends on the marriage form | – | South Sudan has a children's act that puts the child's best interests first, while customary law and, for Muslims, Islamic law also shape who looks after the children. |
| Sudan | Personal law | Personal law | – | In Sudan family law is based on Islamic law: the father is the guardian, and the mother has the care of young children until an age the law sets. |
| Tanzania | Several laws side by side | Depends on the marriage form | – | Tanzania has a children's act that puts the child's best interests first, while customary law and, for Muslims, Islamic law also shape who looks after the children. |
| Togo | Several laws side by side | Depends on the marriage form | – | Togo follows the French civil-code tradition of parental authority, with customary and Islamic rules still shaping family life. |
| Tunisia | Personal law | Personal law | ✓ | In Tunisia family law is based on Islamic law: the father is the guardian, and the mother has the care of young children until an age the law sets. |
| Uganda | Several laws side by side | Depends on the marriage form | – | Uganda has a children's act that puts the child's best interests first, while customary law and, for Muslims, Islamic law also shape who looks after the children. |
| Zambia | Several laws side by side | Depends on the marriage form | ✓ | Zambia has a children's act that puts the child's best interests first, while customary law and, for Muslims, Islamic law also shape who looks after the children. |
| Zimbabwe | Several laws side by side | Depends on the marriage form | ✓ | Zimbabwe follows the Roman-Dutch tradition, in which the court decides custody by the child's best interests, and customary law also matters for many families. |
Words you will meet
- Parental responsibility (or authority). The legal right and duty to make the big decisions for a child: school, medical care, religion, where the child lives. Many countries use this instead of “custody”.
- Custody. A word used differently in each country. It can mean parental responsibility, or only the child’s day-to-day care, or only where the child lives. Each country page says which.
- Joint and sole. Joint means both parents share the big decisions. Sole means one parent decides, usually with the other keeping the right to contact.
- Residence and contact (access). Where the child lives, and the time the other parent spends with the child. Joint responsibility does not mean equal time.
Parents in different countries?
- The 1980 Hague Child Abduction Convention lets a parent ask for a child who was wrongly taken to another country to be returned, usually within a short time. It works only between countries that have accepted each other’s accession.
- The 1996 Hague Convention and, in the EU, Brussels IIb decide which country’s courts decide on parental responsibility: in general the country where the child lives.
- Moving a child abroad without the other parent’s consent or a court’s permission can be a crime or lead to an order to return the child, in many countries.
- Questions about the money side of a split are in the marital property guide and the divorce rates guide.
Cite this page
TheLawToKnow Tools. Who Gets the Children? https://tools.thelawtoknow.com/child-custody.
Missing a country, or spotted a mistake? Tell us.
