On 29 October 2025, the Constitutional Court issued a finding in the case sp. zn. IV. ÚS 2007/25, in which he again commented on the issue of alternating care
in such a way that there is no constitutional presumption in favor of equal alternating care, when he stressed that the decisive factors should above all be the concrete best interest of the child, his stability, ties and real educational abilities of the parents. However, in the context of the new legislation on child custody, which will enter into force on 1 January 2026 and within which Article 888 of the Civil Code stipulates that the child has the right to equal custody of both parents, just as parents have the right to equal custody of their child, the question is what direction the jurisprudence of the Constitutional Court will take in the future.

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