Custody is part of parental responsibility under Hungarian family law regulations. Custody is an old fashioned expression to describe the rights and obligations of parental responsibility.
Types of legal custody / parental responsibility is joint parental custody or sole parental custody (parental responsibility). Custody / parental responsibility is exercised jointly before the court rules otherwise, either based on an agreement of the parents or by the judgment of the court. Important to know that the court cannot rule on joint custody / parental responsibility, it can only approve or sanction such agreement of the parents. The court can award sole or full custody / parental responsibility to one parent only. Whenever the parents cannot agree to joint custody or worse, both parents vindicate sole and full custody to her/himself, then the court must determine who gets sole custody / parental responsibility. The court shall make the above decision with a view to finding the best way to ensure the child’s physical, intellectual and moral development.
When it comes to two parents fighting over ’legal custody’ in court we mean the following rights and obligations:
- Taking care of the child, selecting his/her home and residence (It is the parents’ right and obligation to care for the child, and to provide the necessary conditions for the child’s continuous maintenance and development. Parents shall provide a home for their child in their own household.)
- Management of the assets of the child
- Legal representation of the child
- The right to exclude guardianship and other forms of social care
Rights still remain within the scope of joint decision making of the parents, regardless to custody / parental responsibility exercised jointly by two or solely by one parent:
- name matters;
- relocation from one country to another
- citizenship matters;
- schooling and career path decisions
Dissolution of marriage
Kölcsényi and Némethi Law Firm
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1145 Budapest, Mexikói Street. 52/A.
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