Who has custody after separation in Austria?
Usually joint — especially for married parents. If the parents are married at the birth, they automatically have joint custody. If they are unmarried, the mother has sole custody at first; joint custody can be added by declaration at the registry once paternity is acknowledged. After separation or divorce, joint custody generally continues; what must be settled is the child's primary residence — which parent the child mainly lives with. Sole custody is granted only where serious reasons speak against joint custody. The standard is always the child's welfare. In short: joint as a rule, sole only exceptionally.
📋 The rules
- Married at birth: joint custody
- Unmarried: mother sole at first
- After divorce joint custody usually continues
- To settle: the primary residence
- Sole custody only for serious reasons
🔓 Exceptions
- Unmarried parents' declaration: revocable within 8 weeks
- The court can order a trial period of responsibility
- Custody possible even against one parent if it serves the child
⚠️ Penalties & fines
Custody concerns care, upbringing, legal representation and asset management — it's distinct from contact (visitation) rights and from maintenance, which exist independently. This is about responsibility for the child, not penalties. Beware a myth: "after divorce custody automatically goes to the mother" is false — for married parents joint custody continues by default after divorce; sole custody requires a specific court decision. Tip: settle the primary residence and contact rights by agreement — that's best for the child.
📎 Official sources
- oesterreich.gv.at · custody →
- familienrechtsinfo.at · custody of separated parents →
- familienrechtsinfo.at · custody →
❓ Frequently asked
Who has custody after divorce?
For parents who were married at the time of the birth, joint custody generally continues even after divorce. What must be settled is the child's primary residence, that is which parent the child mainly lives with. Sole custody needs a specific court decision.
What applies to unmarried parents?
For unmarried parents the mother has sole custody at first. After paternity is acknowledged, joint custody can be established by a simple declaration at the registry office. This declaration can be revoked by either parent within eight weeks.
What does custody mean exactly?
Custody covers the care and upbringing of the child, its legal representation and the management of its assets. It must be distinguished from contact rights, that is visitation, and from maintenance. These three areas exist legally independently of each other.
Can I get sole custody?
Only in exceptional cases. Sole custody is awarded to one parent where serious reasons speak against joint custody, for example where the child's welfare is endangered. The standard of every decision is always the welfare of the child.
Is custody the same as maintenance?
No. Custody concerns responsibility for and representation of the child, while maintenance regulates financial support. Even the parent without the child's primary residence remains liable for maintenance, regardless of whether custody is joint or sole.
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