Parental Custody (Obsorge) and Contact After Divorce in Austria

If you divorce or separate in Austria, one of the most important questions is who makes decisions for the child and how the other parent stays in contact. Under Austrian law, parental custody does not automatically end when parents divorce. The following overview reflects the position in 2026.

At a glance

• After divorce or separation, joint parental custody (gemeinsame Obsorge) generally continues.
• The parents must determine which household will be the child’s primary home.
• If the parents cannot agree, the court may order a six-month temporary phase before making a final decision.
• There is no court fee for an application concerning contact rights.
• From the age of 14, a child cannot be forced to meet the parent they live apart from.

What does parental custody mean?

Parental custody (Obsorge) covers four areas: caring for and raising the child, legal representation, and managing the child’s property. It may be exercised jointly by both parents or solely by one parent.

If the parents were not married when the child was born, custody initially belongs only to the mother. Joint custody can be established together in person at any Austrian registry office (Standesamt). Before this, the father must acknowledge paternity. If the parents marry after the child’s birth, custody automatically becomes joint from the date of the marriage.

What happens to custody after divorce or separation?

Joint custody continues after the marriage is dissolved or the parents’ shared household ends. The same applies if the spouses have not yet divorced but are living separately on more than a temporary basis.

The parents must agree before the court which parent’s household will be the child’s primary place of care. That parent must have full custody; their custody cannot be limited to individual areas. As a result, the parent with whom the child does not primarily live generally pays child support (Unterhalt).

The parents may also agree on another arrangement, for example:

• only one parent has custody;
• one parent’s custody covers only certain matters, such as managing the child’s property.

Who can make decisions when custody is joint?

As a general rule, both parents may independently represent the child when custody is joint. The parent with whom the child lives may, for example, act alone in school matters, when applying for a passport, or in connection with medical treatment.

However, certain serious matters require a joint decision, including:

• changing the child’s name;
• acquiring or renouncing citizenship;
• certain property-related matters;
• joining a religious community;
• medical treatment involving an increased level of risk.

When does the court decide?

The court becomes involved if the parents do not reach an agreement within a reasonable period or if one parent applies for sole custody (alleinige Obsorge). If this serves the child’s best interests, the court orders a six-month Phase der vorläufigen elterlichen Verantwortung (temporary parental responsibility phase).

During this phase, the court:

1. determines which parent will be the child’s primary carer;
2. ensures sufficient contact with the other parent under a specific plan, which the parents may also prepare themselves;
3. determines child support if necessary.

The six-month period can be extended. Afterward, the court makes a final decision based on the child’s best interests (Kindeswohl) and the experience gained during the temporary phase. The court also considers whether child support has been paid. If a parent puts the child at risk, custody must be assigned solely to the other parent. Either parent may later request that the custody arrangement be changed.

What rights does the parent living apart from the child have?

Even when one parent has sole custody, the other parent retains minimum rights. The parent with custody must inform the other parent in good time about important changes, such as a change of school, a move, a non-minor illness or school results. The other parent may express an opinion. The duty to provide information is mutual.

If the parent living apart from the child unjustifiably rejects contact, their right to express an opinion ends. Their right to receive information does not.

How does contact (Kontaktrecht) work?

The child and both parents have a legal right to meet. Contact, previously referred to as visiting rights (Besuchsrecht), should ideally be arranged by agreement. If this is not possible, the court may decide following an application by the child or either parent. The court considers the child’s age, needs and wishes, as well as the previous intensity of the relationship.

• Contact rights exist regardless of whether the parent living apart from the child pays child support.
• Both parents must avoid anything that damages the child’s relationship with the other parent (Wohlverhaltensgebot).
• In difficult situations, the court may order supervised contact (Besuchsbegleitung).

Costs and support services

In particularly contentious cases, the court may appoint a child advocate (Kinderbeistand), who primarily represents the interests of children under 14. Familiengerichtshilfe may also help with the handover of the child as a mediator (Besuchsmittler).

• Child advocate (Kinderbeistand): no fee for the first 6 months; afterward, 402 euros per parent for every commenced 12-month period.
• Mediator (Besuchsmittler): no fee for the first 5 months; afterward, 307 euros per parent for every commenced 3-month period.
• Contact application: no fee at any time.
• Application concerning information, the right to express an opinion or representation: no fee at any time.

Temporary exemption from these fees may be requested through procedural legal aid (Verfahrenshilfe).

Frequently asked questions

My former spouse was violent. Does joint custody still continue?

As a general rule, it initially continues even in this situation after divorce. Withdrawal of custody must be requested, and evidence such as a criminal conviction is important to the decision.

Can the child refuse contact?

From the age of 14, the child cannot be forced to have contact with the parent they live apart from. From this age, the child may also submit an application themselves.

Can contact be stopped because child support is not being paid?

No. The right to contact is independent of the payment of child support.

What happens if the parent with custody dies?

With joint custody, custody automatically passes to the other parent. If the deceased parent had sole custody, the court examines who should take it over.

Practical steps

1. Try to agree in writing which parent’s household will be the child’s primary home.
2. Prepare a clear contact schedule, including handovers and regular arrangements.
3. Record important decisions and keep relevant evidence if there are disputes or safety concerns.
4. If no agreement is possible, apply to the court for a decision on custody or contact.
5. Consider requesting Verfahrenshilfe if you cannot afford the relevant fees.
6. Seek advice from a lawyer or other qualified professional for case-specific guidance.

Disclaimer: This article is based on sources available online and is not legal advice. Use it at your own risk. For professional guidance, contact a lawyer, legal professional or another relevant qualified specialist.

Source: oesterreich.gv.at