Who Gets the Children?

Name: Who Gets the Children?
Creator: TheLawToKnow Tools
License: https://creativecommons.org/licenses/by/4.0/

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
Afghanistan	Personal law	Personal law	–	In Afghanistan 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.
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.
Andorra	Several laws side by side	Depends on the marriage form	✓	Andorra has a civil-code system of its own, in which the court decides custody by the child's interests.
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.
Antigua and Barbuda	Court decides	Needs a declaration or step	–	Antigua and Barbuda follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
Bahamas	Court decides	Needs a declaration or step	✓	Bahamas follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
Bahrain	Personal law	Personal law	–	In Bahrain 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.
Bangladesh	Several laws side by side	Depends on the marriage form	–	Bangladesh has its own family code, with religious and customary rules also shaping who looks after the children.
Barbados	Court decides	Needs a declaration or step	✓	Barbados follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
Belize	Court decides	Needs a declaration or step	✓	Belize follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
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.
Bhutan	Several laws side by side	Depends on the marriage form	–	Bhutan has its own family code, with religious and customary rules also shaping who looks after the children.
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.
Brunei	Personal law	Personal law	–	In Brunei 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.
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.
Cambodia	Several laws side by side	Depends on the marriage form	–	Cambodia has its own family code, with religious and customary rules also shaping who looks after the children.
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.
Cuba	Court decides	Equal, if paternity is established	✓	Cuba follows a civil-code tradition of parental authority, in which both parents who recognise the child share it and the court decides custody by the child's interests.
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.
Dominica	Court decides	Needs a declaration or step	–	Dominica follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
El Salvador	Court decides	Equal, if paternity is established	✓	El Salvador follows a civil-code tradition of parental authority, in which both parents who recognise the child share it and the court decides custody by the child's interests.
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.
Fiji	Court decides	Needs a declaration or step	✓	Fiji follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
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.
Grenada	Court decides	Needs a declaration or step	–	Grenada follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
Guatemala	Court decides	Equal, if paternity is established	✓	Guatemala follows a civil-code tradition of parental authority, in which both parents who recognise the child share it and the court decides custody by the child's interests.
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.
Guyana	Court decides	Needs a declaration or step	✓	Guyana follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
Haiti	Court decides	Equal, if paternity is established	–	Haiti follows a civil-code tradition of parental authority, in which both parents who recognise the child share it and the court decides custody by the child's interests.
Honduras	Court decides	Equal, if paternity is established	✓	Honduras follows a civil-code tradition of parental authority, in which both parents who recognise the child share it and the court decides custody by the child's interests.
Iran	Personal law	Personal law	–	In Iran 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.
Iraq	Personal law	Personal law	✓	In Iraq 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.
Jamaica	Court decides	Needs a declaration or step	✓	Jamaica follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
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.
Kiribati	Court decides	Needs a declaration or step	–	Kiribati follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
Kosovo	Several laws side by side	Depends on the marriage form	–	Kosovo has a civil-code system of its own, in which the court decides custody by the child's interests.
Kyrgyzstan	Joint continues	Equal, if paternity is established	–	Kyrgyzstan follows the model of the former Soviet family codes: both parents have equal rights and duties, and the court decides the child's residence if they cannot agree.
Laos	Several laws side by side	Depends on the marriage form	–	Laos has its own family code, with religious and customary rules also shaping 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.
Liechtenstein	Several laws side by side	Depends on the marriage form	–	Liechtenstein has a civil-code system of its own, in which the court decides custody by the child's interests.
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.
Maldives	Personal law	Personal law	–	In Maldives 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.
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.
Marshall Islands	Court decides	Needs a declaration or step	–	Marshall Islands follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
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.
Micronesia	Court decides	Needs a declaration or step	–	Micronesia follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
Monaco	Several laws side by side	Depends on the marriage form	✓	Monaco has a civil-code system of its own, in which the court decides custody by the child's interests.
Mongolia	Joint continues	Equal, if paternity is established	–	Mongolia follows the model of the former Soviet family codes: both parents have equal rights and duties, and the court decides the child's residence if they cannot agree.
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.
Myanmar	Several laws side by side	Depends on the marriage form	–	Myanmar has its own family code, with religious and customary rules also shaping who looks after the children.
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.
Nauru	Court decides	Needs a declaration or step	–	Nauru follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
Nepal	Several laws side by side	Depends on the marriage form	–	Nepal has its own family code, with religious and customary rules also shaping who looks after the children.
Nicaragua	Court decides	Equal, if paternity is established	✓	Nicaragua follows a civil-code tradition of parental authority, in which both parents who recognise the child share it and the court decides custody by the child's interests.
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.
Oman	Personal law	Personal law	–	In Oman 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.
Palau	Court decides	Needs a declaration or step	–	Palau follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
Palestine	Personal law	Personal law	–	In Palestine 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.
Panama	Court decides	Equal, if paternity is established	✓	Panama follows a civil-code tradition of parental authority, in which both parents who recognise the child share it and the court decides custody by the child's interests.
Papua New Guinea	Court decides	Needs a declaration or step	–	Papua New Guinea follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
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.
Saint Kitts and Nevis	Court decides	Needs a declaration or step	✓	Saint Kitts and Nevis follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
Saint Lucia	Court decides	Needs a declaration or step	–	Saint Lucia follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
Saint Vincent and the Grenadines	Court decides	Needs a declaration or step	–	Saint Vincent and the Grenadines follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
Samoa	Court decides	Needs a declaration or step	–	Samoa follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
San Marino	Several laws side by side	Depends on the marriage form	✓	San Marino has a civil-code system of its own, in which the court decides custody by the child's interests.
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.
Solomon Islands	Court decides	Needs a declaration or step	–	Solomon Islands follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
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.
Suriname	Court decides	Equal, if paternity is established	–	Suriname follows a civil-code tradition of parental authority, in which both parents who recognise the child share it and the court decides custody by the child's interests.
Syria	Personal law	Personal law	–	In Syria 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.
Tajikistan	Joint continues	Equal, if paternity is established	–	Tajikistan follows the model of the former Soviet family codes: both parents have equal rights and duties, and the court decides the child's residence if they cannot agree.
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.
Timor-Leste	Court decides	Equal, if paternity is established	–	Timor-Leste follows a civil-code tradition of parental authority, in which both parents who recognise the child share it and the court decides custody by the child's interests.
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.
Tonga	Court decides	Needs a declaration or step	–	Tonga follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
Trinidad and Tobago	Court decides	Needs a declaration or step	✓	Trinidad and Tobago follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
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.
Turkmenistan	Joint continues	Equal, if paternity is established	✓	Turkmenistan follows the model of the former Soviet family codes: both parents have equal rights and duties, and the court decides the child's residence if they cannot agree.
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.
Vanuatu	Court decides	Needs a declaration or step	–	Vanuatu follows the common-law tradition: the court decides custody by the child's best interests, and an unmarried father needs a step to gain rights.
Yemen	Personal law	Personal law	–	In Yemen 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.
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.

Take it further

Country Legal Packs $5
The family and property rules of a European country in one PDF, with questions for a local lawyer.
Child Custody and Visitation Agreement template $5
Write down parenting time and responsibilities.
Child Travel Consent Form template $5
Permission for a child to travel with one parent or another adult.
Family Law course $15
Marriage, divorce, custody and support, step by step.

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