Where the child lives
Alternating or primary residence, who decides, what the judge looks at, and how much the child's own view actually counts.
What "custody" really means
What people commonly call custody is, in French law, the child's residence: where the minor child habitually lives. It is a separate question from parental authority, which as a rule continues to be exercised jointly whatever the living arrangement.
- Alternating residence: the child lives with each parent in turn — most commonly one week with each.
- Primary residence with one parent: the child mainly lives with one, while the other has rights of visit and accommodation.
Parents decide first
French law leaves the decision to the parents. If they agree, they set it out in a parental agreement, which is strongly advisable to have approved by the family court judge: approval is what makes it enforceable, and therefore worth something if a dispute arises later.
If they disagree, the family court judge decides. The application is filed with the court where the parent the child lives with resides. A lawyer is optional but recommended.
What the judge considers
The judge does not apply a default template but assesses the family's actual situation.
- How the arrangement has worked in practice up to now.
- The views expressed by the child, if the child has been heard.
- Each parent's ability to meet their duties and respect the other's place.
- Any expert reports or social enquiries ordered.
- Any violence or psychological pressure between the parents.
The child does not choose
This is a widespread misconception, including among teenagers: a minor does not choose where they live, whatever their age. There is no age at which the decision passes to them.
They can, however, ask to be heard by the judge if they are capable of forming a view. That view is then weighed alongside everything else, without binding the judge.