Right of custody

In the Swiss legal landscape, the notion of custody rights is at the heart of provisions regulating family relationships, specifically with regard to children in the event of separation or divorce.
This prerogative is responsible for determining how parental responsibilities are distributed, integrating crucial aspects such as daily education, health care and the child’s general well-being.

In Switzerland, the guiding principle behind all child custody decisions is the “best interests of the child”.
This means that all decisions taken are aimed at promoting the child’s well-being and optimal development, including his or her physical, emotional, social and educational needs.
Each case is examined exhaustively to determine which form of custody – whether sole, shared or alternating – is best suited to the specifics of the family dynamic and the child’s individual needs.

The difference between parental authority and custody rights

It’s not uncommon to see confusion between the terms “parental authority” and “custody rights”, particularly in the Swiss legal context.
However, it is essential to note that these two concepts reflect distinct aspects of parental responsibilities.
Parental authority is a more encompassing notion, representing the general duties and responsibilities of parents towards their children.
It encompasses major decisions concerning the child’s education, health and well-being, including choices such as which school to attend or which religious beliefs to inculcate.

On the other hand, custody rights focus primarily on the day-to-day aspects of raising a child, including housing, nutrition and daily care.
This right can be conferred on a single parent or shared between the two, depending on what is deemed best for the child.
By following a child-centered approach, the Swiss justice system ensures that the child’s well-being is always the main priority in establishing these guidelines.

Different categories of custodial rights

Swiss custody law is structured to accommodate different family situations and the varied needs of the children involved.
As such, it has been categorized into several types, including:

1. Sole custody: In this case, one parent assumes primary responsibility for the care and upbringing of the child, while the other parent may be granted visitation rights.
2. Shared custody: Here, responsibilities are divided equally or almost equally between the two parents, allowing each parent to be substantially involved in the child’s life.
3. Alternating custody: This option involves a division of time in which the child spends a substantial period with each parent according to a predefined schedule, thus promoting a balanced presence of both parents in the child’s life.

Each form of custody has its own distinct advantages and disadvantages, and is chosen taking into account the specific characteristics of the family and the needs of the child.
The main objective of the Swiss authorities is always to preserve and promote the best interests of the child, taking into account various factors such as the child’s age, physical and emotional needs, as well as the parents’ ability to provide adequate care.

Criteria for awarding custody

The awarding of custody in Switzerland is a delicate process that requires a thorough assessment of a range of criteria, the main one being, of course, the child’s best interests.
This process involves a careful analysis of the child’s physical and psychological conditions, as well as his or her educational and overall development.

To arrive at a decision that is in the child’s best interests, the judicial system assesses various elements, including parental skills, the parents’ living conditions (taking into account factors such as financial stability and family background), and the legal implications of previous arrangements.
This assessment is often assisted by experts such as child psychologists and social workers, ensuring a final decision that is genuinely aimed at promoting the child’s well-being.

Ordinary financial contribution

In the context of custody rights in Switzerland, parents’ financial obligations towards their children are of paramount importance.
This financial contribution is calculated according to the parents’ income and the child’s needs, thus ensuring that the child receives adequate financial support to meet his or her essential and educational needs.

In cases of sole custody, the non-custodial parent is generally required to pay child support to help provide for the child.
The amount of this support is determined according to the individual circumstances of each case.
However, in situations of shared or alternating custody, the calculation of financial contributions becomes more complex, requiring a detailed assessment of the resources and contributions of each parent.
This approach ensures that financial contributions are fair, while always putting the child’s best interests first.