Ring Jouristjouren: 0771-333 444

Custody & child support

What does it mean to be the custodian of a child?
A custodian of a child is responsible for the personal matters. This includes a right for the custodian to decide in matters concerning the child, schooling, health care and passport application etc.

How is custody changed?
The basic assumption is that joint custody is in the best interest of the child. The joint custody can be dissolved in two ways. Either the parents agree that joint custody is no longer a good idea or the court can order someone to be the sole custodian. The custody can be dissolved if the parents have serious issues with cooperating or if one of the parents is unfit to be a custodian.

What can I do if me and my childs mother/father no longer are able to cooperate regarding the care of the child? 
If you can not reach an agreement on your own the municipality can help you. The municipality can arrange cooperation-dialogue and help you reach an agreement regarding care, housing and visitation. The cooperation-dialogue sessions are free of charge. 

If the cooperation-dialogue sessions does not lead to agreement, or if they are not meaningful to attempt in the first place, you are adviced to contact a lawyer. You and the mother/father of your child can discuss the matters with the help of your lawyers. Your lawyers can also help you make a contract regulating the custody and other matters regarding the child.

If you cannot reach an agreement outside of the court it is possible to have the matter tried in a court. '
Read more about childs recidence
Read more about custody
Read more about visitation

Which arguments carry the most weight in matters concerning the child?
The wellbeing of the child is the most important circumstance in matters concerning the child. This governs the courts in deciding custody, residence and all other matters.
Read more about custody
Readmore about childs residence

How do I manage a custodial-battle financially?
In some cases the legal costs are covered by your insurance. If you are granted help by your insurance company they will cover most of your costs. The amount you pay is a “rättsskyddsavgift” legal assistance insurance fee of about 20-25% of the total amount.

Will a court consider the wishes of the child in custodial court-proceedings?
In the children and parents code (Föräldrabalken) all decisions regarding the child are guided by the best interests of the child. When judging what is in the best interest of the child the child’s wishes are considered, taking into account how old the child is. Every relevant circumstance is considered. 
Blogg-post (in Swedish): How important are the wishes of the child in a custodial battle? 

We’ve received a court ruling from the district court on the care and visitation of my child. What do I do if my ex-partner does not honor it?
If any of the parties do not comply with the ruling there is a possibility to apply for an execution order. The part who is non-compliant can be imposed with a conditional fine if he or she keeps obstructing the ruling.

The children are mainly living with me, can I have the other parent pay support for this?
If a child is mainly living with one of the parents the main principle is that the other parent should pay child support. Usually the child support is paid once a month to the parent who mainly cares for the children. The money is meant for the child’s need and costs related to those.
Read more about child support
Blog post (in Swedish): Child Support – a neglected part of the law

What is a reasonable child support?
Simply put - the child’s economical needs need to be met. That means calculating the costs the child has. Child support should cover expenses such as recreational activities, child care, public transport and medicines and other specific costs. Expenses such as food, housing and toiletries are often calculated according to a fixed rate depending on the age of the child.
Read more about child support

Send question

Skicka fråga