From LVU to Transfer of Custody in Sweden

What Does It Mean for the Biological Parent?

If your child has been placed in a foster home in Sweden under the LVU Act (Compulsory Care of Young Persons Act), you may feel powerless, confused, and worried about your parental rights. For many parents, one of the biggest concerns is what happens if the authorities decide to transfer custody of the child to the foster home (“familjehem”).

This article explains what LVU and transfer of custody (“vårdnadsöverflytt”) mean, how the process works, and — most importantly — what it means for you as the biological parent.

What Is LVU?

LVU (Lagen med särskilda bestämmelser om vård av unga) is a Swedish law that allows the social services (“socialtjänsten”) to remove a child from their home without the parents’ consent when the child is considered to be in danger.

Common reasons for LVU include:

Neglect or lack of proper care
Physical or emotional abuse
Drug or alcohol problems in the home
Serious conflict between the child and parent

Once LVU is applied, the child is often placed in a foster home (“familjehem”), either temporarily or for a longer period.

What Is a Custody Transfer (Vårdnadsöverflytt)?

When a child has lived in a foster home for a long time — typically over two years — social services may apply to the district court (“tingsrätten”) to transfer legal custody of the child to the foster parents.

This is called a “vårdnadsöverflytt”, or transfer of custody.

If the court approves the transfer:

The foster parents become the legal guardians
You, as the biological parent, lose legal custody
You also lose your right to request the child’s return under LVU
Your parental rights are significantly reduced, although in some cases you may still have visitation rights (“umgänge”)

Why Does a Custody Transfer Happen?

A transfer of custody may be proposed when:

The child has been living in the foster home for a long time
The placement has become stable and emotionally important for the child
Returning to the biological parent is no longer considered to be in the child’s best interest

Swedish law and courts prioritize “the best interests of the child” (“barnets bästa”) above all else. The child’s need for stability, safety, and emotional attachment to the foster family often weighs heavily in court decisions.

What Does It Mean for You as a Parent?

This process can be deeply painful for biological parents. Here’s what you need to know:

You will lose custody – this means you no longer have the right to make legal decisions about your child
You cannot demand the child’s return – LVU no longer applies after custody is transferred
You may still be allowed contact or visitation – but it’s not guaranteed and depends on the court’s decision
You no longer have a legal say in where the child lives or how they are raised

Important: A transfer of custody is not the same as adoption. You remain the child’s biological parent, and your child keeps their legal identity and background.

Can You Stop a Custody Transfer?

Yes — you have the right to oppose the custody transfer in court.

You will be informed if social services apply for a transfer
You will have the opportunity to present your side of the story
You can submit evidence or documentation showing that the situation has improved (e.g., stable housing, sobriety, therapy, or parenting efforts)
You have the right to a public defender or legal aid lawyer, free of charge

You can choose your own lawyer (any lawyer who handles family law cases in Sweden), and the government will pay if you qualify.

What Can You Do?

If you are a biological parent facing a possible custody transfer, here are key steps to take:

Get legal help immediately
Contact a family law attorney (“familjerättsadvokat”) as soon as possible. You are entitled to a free public lawyer and can choose who represents you.
Request all documentation
Ask for copies of all reports and evidence from social services and the court.
Show that your situation has changed
Demonstrate that you have addressed the problems that led to the LVU placement (e.g., completed addiction treatment, improved housing, better parenting skills).
Participate in the process
Attend all meetings and hearings. Respond to letters. Show that you are actively involved and care about your child.

Summary

When a child in Sweden is placed under LVU and then stays in foster care for a long period, the authorities may request a custody transfer (“vårdnadsöverflytt”) to the foster parents. If this happens, the biological parents lose custody and can no longer request the child’s return under LVU.

However, you still have rights as a parent. You can oppose the transfer, hire a lawyer at no cost, and try to prove that your child would benefit from returning to you or maintaining contact.

This process is difficult and emotional — but with the right legal support and preparation, you can make your voice heard.