A double home for the child: alternating care

When does alternating (shared) custody exist?

In the case of alternating custody, both parents are significantly involved in the care of the child. This is the case if the parent who is not the main carer looks after the child to a much greater extent than in the case of so-called normal vacation and weekend visitation rights. The aim of alternating custody is to enable the parents to participate equally in the child's life. It does not require an exact 50/50 division of care. Doctrine and case law speak of alternating custody from a care share of at least 25-35% per parent.

The childcare model used has a wide variety of effects, in particular on maintenance rights, residence, OASI childcare credits, income tax and family allowances.

First and foremost, it is up to the parents to agree on a specific care model. If no agreement is reached or if this is contrary to the best interests of the child, the KESB or the court will decide on the care model. The possibility of alternating custody is examined if a parent or the child requests this. In doing so, it carries out an overall assessment of the circumstances of the individual case.

Requirements for alternating (shared) custody:

The KESB or the court examines various requirements for the appropriateness of alternating custody, taking into account the individual case:

• Parenting skills of both parents;
• (Minimal) communication and cooperation skills of both parents with regard to the necessary issues;
• Practicable distance between the homes of the two parents;
• Continuity and stability of the support provided to date;
• Existing bond between each parent and the child;
• Age, social environment, relationship to siblings, child's wishes.

If alternating custody is not in the best interests of the child according to the KESB or the court, it will examine which parent is to be granted sole custody. It is not bound by the requests of the parents or the child.