The aim of my work was to highlight the key similarities and differences between the two legal systems. The most important point common to both legal systems is that the best interests of the child are always the guiding principle for all decisions regarding custody. With the Child and Name Law Amendment Act 2013 in Austria, a significant, if not the most significant, difference between the Austrian and German legal systems was established, particularly with Section 180 of the General Civil Code (ABGB), which pertains to the phase of provisional parental responsibility. Another important point related to custody after divorce is the right to contact and information (Sections 186, 187, 189 ABGB) or the right of access and information (Sections 1684, 1686 BGB), as it is referred to in Germany. These rights are similarly structured in both legal systems.