The purpose of the currently applicable regulations is to guarantee the child’s right to be raised by both parents. For this reason, first of all, parents decide by agreement how to exercise parental authority and maintain contact with the child after divorce.
The court takes into account the spouses’ written agreement on how to exercise parental authority and maintain contact with the child after divorce, if it is consistent with the child’s best interests. Siblings should grow up together, unless the best interests of the child require a different decision.
If the parents do not reach such an agreement or it is not consistent with the child’s best interests, the court, taking into account the child’s right to be raised by both parents, decides on how to jointly exercise parental authority and maintain contact with the child after divorce. In practice, therefore, the court, despite the lack of agreement, may leave both parents with full parental authority.
The court may entrust the exercise of parental authority to one of the parents, limiting the parental authority of the other to specific duties and rights in relation to the child, if the best interests of the child justify it.
If the court entrusts the exercise of parental authority to only one parent, it will precisely define the rights and obligations that he will be entitled to.