The Law To Know

← All countries

Child custody in Hungary

Joint responsibility continues after separation

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.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what the law provides before a court looks at a particular family. A court decides what is best for the child in the case in front of it. Family law is reformed often, and a case with a foreign element is complex. This is general information, not legal advice.

If the parents are married

The parents have joint custody whether they are living together or no longer live together, unless an agreement or a decision of the court or guardianship authority provides otherwise.

If the parents are not married

The official fact sheet does not distinguish unmarried parents once paternity is established.

The unmarried father, in one line: Both parents have it, married or not, once the father's paternity is established.

After a divorce or separation

Joint custody continues unless the parents agree otherwise or the court decides otherwise. Parents can divide rights and duties by agreement, which the court approves. Without agreement the court decides which parent has custody, based on where the child's development is better ensured. The court can give one parent full custody or split specific rights between them, but it cannot order joint custody, which only the parents' agreement can create.

What the child can say

In justified cases the court must hear the child, and it must do so if the child asks. If the child is at least 14, the court can decide custody and placement only with the child's consent, unless the child's choice would endanger their development.

Moving house or moving abroad with the child

Settling the child's residence abroad for a long stay or for good is a fundamental issue on which the other parent still has a say, even where one parent has sole custody.

If the parents live in different countries

Hungary is a party to the 1980 Hague Child Abduction Convention, which lets a parent ask for a child wrongly taken to another country to be returned. It works only with countries that have accepted its accession, so check the other country on the treaty status table.

Within the EU, Regulation (EU) 2019/1111 (called Brussels IIb) decides which country's courts handle parental responsibility: in principle the courts of the country where the child habitually lives, and it speeds up the return of a child wrongly taken to another member state. Denmark does not take part in it.

Understand the legal system first

Hungary belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the Hungary legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Hungary? →
Divorce rate and trend in Hungary →

Official sources

Other countries

AlgeriaAngolaArgentinaAustraliaAustriaBelgiumBeninBotswanaBrazilBulgariaBurkina FasoBurundiCabo VerdeCameroonCanadaCentral African RepublicChadChileChinaColombiaComorosCôte d'IvoireCroatiaCyprusCzechiaDemocratic Republic of the CongoDenmarkDjiboutiEgyptEquatorial GuineaEritreaEstoniaEswatiniEthiopiaFinlandFranceGabonGambiaGermanyGhanaGreeceGuineaGuinea-BissauIndiaIrelandIsraelItalyJapanKenyaLatviaLesothoLiberiaLibyaLithuaniaLuxembourgMadagascarMalawiMaliMaltaMauritaniaMauritiusMexicoMoroccoMozambiqueNamibiaNetherlandsNew ZealandNigerNigeriaNorwayPhilippinesPolandPortugalRepublic of the CongoRomaniaRussiaRwandaSão Tomé and PríncipeSenegalSeychellesSierra LeoneSingaporeSlovakiaSloveniaSomaliaSouth AfricaSouth KoreaSouth SudanSpainSudanSwedenSwitzerlandTanzaniaTogoTunisiaUgandaUkraineUnited KingdomUnited StatesZambiaZimbabwe

TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.