With the child’s best interests at heart
Having custody of a child means you have the right to make decisions about the child and to receive information about the child.
Custody of a child is not a parent’s right but involves an obligation to act in the best interests of the child in every situation. Joint custody is best for the child unless there are special reasons why this is not suitable. If the parents have joint custody and do not live together, they must be able to agree on where the child should live.
If the parents are not married when the child is born, the mother has sole custody of the child. Once paternity is confirmed, the parents can report joint custody to the Social Welfare Committee.
If the parents subsequently agree that they should have joint custody of the child, they can report this to the Swedish Tax Agency. If the parents are unable to agree, the parent wishing to have joint custody can apply to the courts.
If parents have joint custody and one parent wants sole custody, this must be examined in court if the other parent is opposed to this.
Sole or joint custody
Having custody of a child means you have the responsibility to make decisions on important matters relating to your child, such as healthcare, schooling and residence. You also make decisions about things like registration in the population register and passports. Custody of a child means an obligation to protect the child against violence, injury and abuse.
In the case of joint custody, parents must be able to cooperate and make decisions by consensus. A parent can always oppose a decision and this will affect the child. If one parent is absent for long periods, decisions about the child cannot be made and it is then best for the child if the other parent has sole custody.
Custody may be given to one parent alone if there are special reasons to do so, such as violence, abuse and neglect. If there is a deep-seated and long-term conflict between the parents, this often has a negative impact on the child. In this case, it is often best for the child if one of the parents has sole custody.
Custody of a child can be changed through a voluntary agreement between the parents. If they are unable to agree on custody, this matter must be examined in court. The decision will always be made on the basis of the best form of custody for the child.
We have extensive experience of conducting child custody cases in court and we will be happy to help you if you cannot reach an agreement with the other parent.
Where the child will live
If you have sole custody, the child will live with you. If you are parents with joint custody, you must agree on where the child will live.
The child can live with both of you on an alternating basis if you are able to cooperate well and you live close to each other.
It is good for the child to live in a safe home and to be close to school, friends and relatives. It is not good for the child to be moved away from a place with which they have a strong connection.
As parents, you can make an agreement on where your child will live. If you are unable to agree, this matter can be settled in court.
The court will make its decision based on what is best for the child. If there is a risk that the child may suffer harm at the home of one of the parents, the child must not live there. Otherwise, the child should live with the parent who can best ensure that the child has good contact with both parents. The child’s relationship with their parents, the child’s home environment and the most practical and reasonable solution for the child will also be examined. When the children are older, their own wishes will also be important in terms of where they will live.
If you are unable to agree on where your child will live, we can help you with the court proceedings.