In a divorce or separation where there are children together, disputes can arise over custody, residence and contact.
If you as parents cannot agree on your own or with the help of the social welfare board (socialnämnden), the court will decide on sole or joint custody of your child, where the child is to live and the child's contact with the parent the child does not live with. The court always bases its assessment on the best interests of the child.
The cost of legal representation may be covered by legal expenses insurance (rättsskydd) or legal aid (rättshjälp). Legal expenses insurance is often available through your home insurance, but the terms – including for disputes that arise shortly after a separation – vary between insurance companies. Legal aid may be granted to varying extents depending on your income, debts and the number of children you are required to pay maintenance for.
Guard Advokater has particular experience of cases concerning custody, residence and contact, and represents you both in negotiations with the other parent and in court. Contact us for a free consultation.
Questions about division of property, prenuptial agreements, cohabitation agreements, wills and inheritance are covered under Inheritance and matrimonial property law.
Frequently asked questions
What does joint custody mean?
With joint custody, the parents make important decisions about the child together, for example on school, healthcare and passports. Where the child lives and how contact is arranged can be decided separately.
Do we have to go to court to agree on the children?
No. Parents can agree on custody, residence, contact and maintenance themselves and have the agreement approved by the social welfare board. The municipality also offers cooperation talks. Only when the parents cannot agree does the district court decide.
What does the court take into account?
The best interests of the child are decisive. The court considers the child's need for close and good contact with both parents, the risk of the child being harmed and the child's own wishes, taking into account age and maturity.
How are legal costs paid?
The legal expenses cover in home insurance often covers a large part of the cost of a custody dispute, after an excess. If there is no such cover, legal aid can be granted if income is below a certain limit. We help you apply.
What applies to child maintenance?
Both parents must contribute to the child's support according to their means. The parent who does not live with the child normally pays maintenance. If no maintenance is paid, the Swedish Social Insurance Agency can pay maintenance support.