In Hungary, the father has parental custody rights alongside the mother if the parents are married at the time of the child's birth, or if the child is born out of wedlock and the father has made a full declaration of paternity before or after the birth. In such cases, parental custody is exercised jointly, with both parents having equal rights and obligations.

In general, parental respnsibility is exercised jointly even if the parents are already living separately, unless they have agreed otherwise or the court has ordered otherwise.

It should be noted that joint custody does not necessarily imply that the child will spend the same amount of time with both parents.

It is not uncommon for parents to separate when a relationship ends, yet to maintain joint custody because they are still able to cooperate and make joint decisions about their children. However, they must agree on who will be the primary carer and who will raise the children in their household. The resident parent will be the primary caregiver for the children, while the other parent will have the right of contact. The parties are free to agree on contact arrangements. For example, the children will stay with the separated parent every two weeks at weekends (or even on weekdays) and half of the holidays.

A specific form of shared parental responsibility is known as alternating care (or 'equal shared parental responsibility", whereby parents not only maintain joint custody but also explicitly agree to care for their children for the same amount of time. It is essential that both parents demonstrate high levels of cooperation in order for the children to lead balanced lives within this system.

The parties may agree on equal shared parental responsibility. However, if one parent objects to this arrangement but the other parent requests it, the court will consider whether it is in the best interests of the children. The court will only order alternate care if it is satisfied that it is in the best interests of the children.

While the court may conclude the proceedings with two hearings in total if the parents agree, if there is a dispute about parental custody, the court must conduct evidentiary hearings to consider how best to ensure the children's physical, mental and moral development. This may involve hearing witnesses, obtaining an assessment of the environment and appointing a psychological expert to assess the parent's parenting skills, the relationship with the child and the child's attachment to the parent. In the procedure, the child, who has the capacity to judge, will be heard and given the opportunity to express their views. The procedure may be delayed by the taking of evidence, but parents may reach an agreement at any stage.