Custody, Guardianship & Care: What Parents Need to Know

Custody, Guardianship & Care: What Parents Need to Know

Separation, divorce or living together as an unmarried couple — in all these situations the question arises: Who looks after the child, who decides what, and who pays for childcare? In Switzerland there are clear legal rules, but the terms are often confused. Parental authority, physical custody and care shares are three different things. This guide explains the differences, your rights and obligations — and how to organise childcare with shared custody.

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The Three Terms: Parental Authority, Physical Custody, Care

Parental Authority: Who Decides About the Child?

Parental authority encompasses the right and duty to make important decisions for the child. These include:

• Place of residence of the child
• School choice and education
• Religious upbringing
• Medical decisions (except emergencies)
• Naming and citizenship
• Management of the child's assets

Since the legal revision of 1 July 2014, joint parental authority is the default — regardless of whether the parents are married, separated or divorced. Sole parental authority is only granted in exceptional cases when the child's welfare requires it.

Important: Joint parental authority does not mean that both parents must be consulted on every small matter. Everyday decisions (food, clothing, homework, leisure activities) are made by the parent currently caring for the child.

Physical Custody: Where Does the Child Live?

Physical custody (or the right to determine residence) regulates which parent the child actually lives with and who organises daily life. There are two forms:

• Sole custody: The child lives primarily with one parent. The other has visitation rights (typically: every other weekend + one evening per week + half of holidays).
• Alternating custody (shared residence): The child alternates between both parents, e.g. one week with the mother, one week with the father.

Care Shares: Who Is There for the Child When?

Care shares describe the concrete division of care time. They are expressed in percentages or days and have had great significance for the calculation of child maintenance since a Federal Supreme Court ruling.

Care Model	Division	Typical Situation
Sole custody	70/30 to 90/10	One parent primarily cares
Extended care	60/40	Regular contact, but one primary residence
Alternating custody	50/50	Equal division

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Joint Parental Authority Since 2014: What Has Changed?

The Legal Revision

Before 2014, the mother typically received sole parental authority after a divorce. Since 1 July 2014: Joint parental authority is the default — also in divorce, also for unmarried parents (provided the father has recognised the child and a joint custody declaration has been made).

What Does This Mean in Practice?

• Both parents must consent to important decisions (school choice, change of residence, medical interventions)
• One parent cannot simply change the child's place of residence without informing the other (Art. 301a CC)
• Everyday decisions are made by the caring parent alone
• Sole parental authority is only granted if the court determines that joint authority is contrary to the child's welfare (e.g. in cases of violence, severe addiction, refusal of any cooperation)

Unmarried Parents

For unmarried parents, joint parental authority does not arise automatically. The father must recognise the child at the civil registry office, and both parents must make a joint custody declaration. This can be done at the civil registry office or at the KESB (Child and Adult Protection Authority).

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Alternating Custody: How Does the Shared Residence Model Work?

Advantages of Alternating Custody

• The child has a close relationship with both parents
• Both parents remain equally involved in the child's daily life
• No parent becomes merely a "weekend parent"
• Both can remain employed

Requirements

For alternating custody to work, certain conditions must be met:

• Proximity of residences: Both parents should live in the same municipality or a neighbouring municipality so that the child can reach school, daycare and friends without great effort.
• Ability to cooperate: The parents must be able to communicate regularly and make arrangements — without drawing the child into conflicts.
• Stability for the child: Children need routine. The changes must be predictable and adapted to the child's age.
• Organisational skills: Double basic equipment (clothes, toys, toothbrush) in both households makes the change easier.

Change Rhythms

Model	Description	Suitable For
Weekly change	Mon–Sun with Parent A, then Mon–Sun with Parent B	School children from approx. 6 years
2-2-3 model	2 days A, 2 days B, 3 days A, then reversed	Younger children (3–6 years)
Half-week model	Mon–Wed with A, Thu–Sun with B (or reversed)	Children of all ages
14-day change	2 weeks A, 2 weeks B	Older children/adolescents

Professional recommendation: For toddlers (under 3 years), experts frequently recommend more frequent, shorter changes — for example the 2-2-3 model — so that the absence from one parent does not become too long. For school children, the weekly change has proven effective.

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Daycare Organisation with Shared Custody

Who Registers the Child at the Daycare?

With joint parental authority, both parents must in principle consent to the daycare registration, as it is an important decision regarding care. In practice, one parent's signature is often sufficient — but inform the daycare about the shared custody arrangement.

Which Daycare Days for Which Parent?

With alternating custody, it is advisable to schedule daycare days so that they are the same in both care weeks. Example:

• Child is at daycare on Monday and Wednesday — regardless of whether it is mum's week or dad's week
• This gives the child a fixed daycare routine, independent of the change rhythm

You can find a suitable daycare place on kizi.ch — use the filter function to search by availability on specific days.

Communication with the Daycare

Inform the daycare about the care model:

• Who drops off and picks up the child on which days?
• Who is the contact person for which matters?
• Who may pick up the child in an emergency?
• How are parent evenings and development meetings organised (invite both)?

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Who Pays for Childcare?

Division of Care Costs

The costs for external childcare (daycare, childminder, playgroup) are generally divided according to the financial capacity of the parents. This means: whoever earns more pays a larger share.

With alternating custody, the division can look as follows:

Income Parent A	Income Parent B	Cost Division
CHF 8,000/month	CHF 4,000/month	67% / 33%
CHF 6,000/month	CHF 6,000/month	50% / 50%
CHF 10,000/month	CHF 3,000/month	77% / 23%

Child Maintenance and Care Costs

Child maintenance (alimony) has comprised two components since the 2017 revision:

1. Cash maintenance: Covering the child's direct costs (food, clothing, health insurance, school, childcare)
2. Care maintenance: Compensation for the caring parent who can work less due to childcare

Daycare costs feed directly into the calculation of cash maintenance. More on care costs can be found in our guide Daycare Costs in Switzerland.

Note on subsidies: When calculating care costs, the actual costs after deduction of subsidies are used. Check your entitlement to subsidies — particularly after a separation, as the relevant income changes. All information on this in our article Subsidies for Childcare.

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KESB: When Does the Child and Adult Protection Authority Intervene?

The KESB (Child and Adult Protection Authority) becomes active when the child's welfare is at risk. This is the case with:

• Neglect or abuse of the child
• Severe conflicts between the parents that burden the child
• Refusal of parental duties
• Risk of abduction (e.g. with an international background)

What Can the KESB Order?

• Parenting support
• Revocation of joint parental authority
• Removal of the right to determine residence
• In extreme cases: placement of the child in care

Important: The KESB only intervenes as a last resort. Before it comes to that, there are numerous other options — particularly mediation.

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Mediation: Resolving Conflicts Before They Escalate

What Is Mediation?

In mediation, a neutral professional (mediator) supports the parents in finding amicable solutions — without court proceedings. Mediation is voluntary, confidential and significantly faster and cheaper than court proceedings.

When Is Mediation Useful?

• You cannot agree on which daycare the child should attend
• The care shares are disputed
• The holiday division leads to conflicts
• The cost division for childcare is unclear
• One of you wants to move

Costs and Contact Points

• Costs: CHF 150–300 per session (1–2 hours), typically 3–8 sessions
• Cost coverage: Some cantons and municipalities cover the costs wholly or partially, particularly in the context of divorce proceedings
• Contact points: Swiss Mediation Association (SDM-FSM), cantonal mediation associations, family and couple counselling centres

More on the topic of separation and childcare can be found in our detailed guide Separation & Divorce: What Changes for Childcare?.

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Practical Tips for Parents with Shared Custody

Communication

• Use a shared app (e.g. FamCal, 2Houses, OurFamilyWizard) for the care calendar
• Keep communication factual and child-centred
• Discuss important topics in writing (email) so everything is documented
• Never speak badly about the other parent in front of the child

Organisation

• Packing list: Create a fixed packing list for the change so nothing is forgotten
• Double basic equipment: Toothbrush, pyjamas, favourite cuddly toy — in both households
• Fixed handover location: Agree on a neutral handover location (e.g. daycare, school) to avoid conflicts
• Daycare as a bridge: The daycare can serve as a natural handover point: one parent drops the child off in the morning, the other picks them up in the evening

Legal Protection

• Parental agreement to be recorded in writing (ideally approved by the KESB or court)
• Daycare contract to be issued in both parents' names
• Tax allocation of the childcare cost deduction to be clarified

If you are a single parent with special support needs, you will find further valuable tips in our guide Single Parent: How to Find the Right Childcare.

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Frequently Asked Questions (FAQ)

Can one parent apply for sole parental authority?

Yes, but only if the child's welfare is at risk. The application is made to the KESB (unmarried parents) or to the court (in the context of a divorce). The court examines whether joint authority is contrary to the child's welfare.

What happens if one parent wants to move?

With joint parental authority, a move that significantly changes the care situation (e.g. to another city) must be communicated to the other parent in good time. If they do not agree, the court or the KESB decides.

Who gets parental authority with unmarried parents?

Joint parental authority must be actively declared by unmarried parents — at the civil registry office or at the KESB. Without this declaration, only the mother has parental authority.

Does the choice of daycare influence the custody question?

Indirectly, yes. The court examines which parent can offer the more stable care situation — and an organised care network (e.g. nearby daycare, flexible work) is viewed positively.

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Conclusion

Parental authority, physical custody and care shares are three different concepts that are clearly regulated in Switzerland. Joint parental authority has been the default since 2014 — this means: both parents bear responsibility, even after a separation. Organising childcare with shared custody requires more coordination, but with a good parental agreement, a reliable daycare and open communication, it can succeed.

Find the right childcare for your family now on kizi.ch — even with shared custody.

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Sources: Swiss Civil Code (CC Art. 296 ff., 301a, 308 ff.), Federal Supreme Court rulings on alternating custody, KESB guidelines, Swiss Mediation Association (SDM-FSM), kibesuisse. As of: February 2026.