100 Questions and Answers About Sole Custody in Sweden

General Questions About Sole Custody

1. What is sole custody?
Sole custody means one parent has the exclusive legal right to make decisions regarding the child’s personal matters, such as residence, schooling, healthcare, and passport.

2. How does sole custody differ from joint custody in Sweden?
In joint custody, both parents share legal responsibility and must make decisions together. In sole custody, only one parent has the legal authority to decide.

3. Can a parent apply for sole custody in Sweden?
Yes, either parent can apply for sole custody through the district court (tingsrätt).

4. Under what circumstances is sole custody granted?
Sole custody is typically granted if there is serious conflict, lack of cooperation, domestic violence, or if one parent is deemed unsuitable.

5. Does the child live with the parent who has sole custody?
Not necessarily. Custody is about legal decision-making, not residence. The child may live with the other parent or have shared residence.

6. Can both parents have shared residence if one has sole custody?
Technically yes, but it is uncommon. Residence is often awarded to the custodial parent.

7. Can sole custody be temporary in Sweden?
Yes, the court can issue an interim decision for sole custody while the case is being processed.

8. How long does it take to obtain sole custody?
It depends on the complexity of the case. It can take several months to over a year.

9. Is it difficult to get sole custody in Sweden?
Yes, Swedish courts prefer joint custody and will only grant sole custody if it is in the best interests of the child.

10. What is meant by ”the child’s best interests”?
It refers to what will most benefit the child in terms of safety, stability, emotional well-being, and development.

11. Who decides on custody in Sweden?
The district court (tingsrätt) makes the decision if the parents do not reach an agreement.

12. Can parents agree on sole custody without going to court?
Yes, if both agree, they can submit a custody agreement to the municipal social welfare board for approval.

13. Is the social services involved in custody decisions?
Yes, the court often requests an investigation from social services (familjerätten) to assess the child’s situation.

14. Does the child get to express their opinion?
Yes, the child’s opinion is taken into account, especially from around age 12 and up.

15. Can children under 12 influence custody decisions?
Yes, but their views are considered in relation to their maturity.

16. What happens if one parent refuses to cooperate?
Continued conflict may be grounds for the court to grant sole custody to the other parent.

17. Can custody be changed later?
Yes, either parent can apply to the court for a change in custody if circumstances have changed.

18. Does the non-custodial parent have any rights?
Yes, they usually have visitation rights and can request information about the child’s welfare.

19. Can the non-custodial parent lose all contact?
Only in extreme cases, such as abuse or serious endangerment to the child.

20. Is it possible to share custody but limit decision-making for one parent?
Not formally. In Sweden, joint custody means both have equal say, which can’t be split.

Applying for Sole Custody in Sweden

21. How do I apply for sole custody in Sweden?
You file a custody petition with the district court (tingsrätt) in the area where the child is registered.

22. Do I need a lawyer to apply for sole custody?
It’s not required, but it is highly recommended—especially in complex or contested cases.

23. How much does it cost to apply for sole custody in Sweden?
The application fee is 900 SEK (as of 2025), but legal costs can vary. Legal aid may be available depending on your income.

24. Can legal aid cover custody disputes in Sweden?
Yes, you may be eligible for legal aid (rättshjälp) or use legal protection through your home insurance.

25. What documents do I need to apply?
You will need a written application explaining why you are seeking sole custody, and any supporting evidence such as reports or communication records.

26. Is there a waiting period after filing?
The court will review your case and usually schedule a preliminary hearing (oral preparation or MUF) within a few months.

27. Can I get temporary sole custody during the case?
Yes, the court can issue an interim decision if there is an urgent need to protect the child.

28. What kind of evidence helps in a custody case?
Medical records, police reports, school feedback, social services reports, and witness testimonies can be helpful.

29. Can the other parent stop me from getting sole custody?
They can object and present their side in court. The final decision lies with the judge, based on the child’s best interests.

30. Can I move with the child if I have sole custody?
Not without informing or getting approval from the court, especially if the move affects the child’s contact with the other parent.

Visitation and the Non-Custodial Parent

31. Can the other parent still see the child if I have sole custody?
Yes, unless the court has restricted or denied visitation for safety reasons.

32. Who decides visitation if I have sole custody?
You can agree with the other parent, but if you disagree, the court decides.

33. Can I deny visitation if I have sole custody?
Only if there’s a serious reason—otherwise, it could be seen as visitation obstruction (umgängessabotage).

34. What is visitation obstruction?
When a parent with custody unreasonably prevents the child from seeing the other parent.

35. What happens if the child refuses to visit the non-custodial parent?
The child’s will is considered, especially from age 12 and up. Social services may be asked to assess the situation.

36. Can visitation be supervised in Sweden?
Yes, the court can order supervised contact if there are concerns about the child’s safety.

37. Can visitation be canceled permanently?
Only in rare cases, such as if the other parent poses a danger to the child.

38. Is telephone or video contact allowed instead of physical visitation?
Yes, especially if the parents live far apart or contact must be limited for other reasons.

39. Who pays for travel during visitation?
Usually both parents share the cost. In some cases, the court assigns responsibility to one parent.

40. Can the non-custodial parent request changes to custody?
Yes, they can apply to the court if there is a significant change in circumstances.

Legal Decisions and Parental Responsibility

41. Who decides which school the child attends?
The parent with sole custody has the legal right to make that decision.

42. Can the other parent attend school meetings?
Yes, even without custody, the other parent has the right to information from the school.

43. Can the non-custodial parent access medical records?
Yes, unless a court specifically limits that right.

44. Can I change the child’s last name if I have sole custody?
Yes, but in some cases, both parents must agree depending on the law in place at the time.

45. Can I apply for a passport without the other parent’s consent?
If you have sole custody, yes—you don’t need the other parent’s signature.

46. Can I take the child abroad if I have sole custody?
Yes, unless the court has decided otherwise. But it’s advisable to inform the other parent.

47. Can the other parent stop me from traveling with the child?
Only if they go to court and obtain a travel restriction order.

48. Can the other parent still influence decisions?
No, not in legal matters—only the custodial parent has decision-making authority.

49. Can custody be shared after one parent already has sole custody?
Yes, joint custody can be reinstated if both parents agree or if the court deems it appropriate.

50. Does having sole custody mean I get more financial support?
Not necessarily, but you may be entitled to child support (underhållsbidrag) from the other parent.

The Child’s Voice and Rights in Swedish Custody Cases

51. Can the child express their opinion in a sole custody case?
Yes. According to Swedish law, a child’s views must be considered based on their age and maturity.

52. At what age does the court take the child’s opinion seriously?
There is no fixed age, but from age 12 and up, the child’s opinion carries more weight.

53. How is the child’s opinion presented to the court?
Through interviews conducted by social services or specially appointed experts. Children do not usually appear in court.

54. Can a child refuse to live with one parent?
The court considers the child’s reasoning, but ultimately decides based on the child’s best interests.

55. What happens if the child says different things to different people?
The court evaluates the child’s statements along with other evidence, reports, and expert assessments.

56. Can the child have a lawyer or legal representative?
Yes. In some cases, a special representative (särskilt ombud) may be appointed to protect the child’s interests.

57. Can siblings be separated in custody rulings?
Yes, but it is uncommon. Courts usually try to keep siblings together unless there are strong reasons not to.

58. Can the child live with a third party, like grandparents?
Only in exceptional circumstances, and typically under the supervision of social services or through special custody transfer decisions.

59. Does the child have the right to contact both parents?
Yes. Swedish law supports a child’s right to maintain relationships with both parents, unless there are safety concerns.

60. Can a child have dual residences (50/50 living) if one parent has sole custody?
Not usually. Sole custody typically implies one primary residence, though extensive visitation may be arranged.

Court Decisions and Enforcement in Sweden

61. What if the non-custodial parent doesn’t follow the court order?
You can ask the court to enforce the decision, including imposing fines or mandatory compliance.

62. What is enforcement (verkställighet) in family law?
It means legally requiring a parent to comply with a custody or visitation ruling.

63. Can the police help in custody enforcement?
Yes, in extreme cases, the court can involve police to enforce the child’s transfer.

64. What happens if a parent hides the child or flees?
That is a serious offense. The court may issue an injunction, and police involvement is possible.

65. Can I move abroad with the child if I have sole custody?
Yes, but if the move interferes with visitation or the child’s connection to the other parent, legal disputes may arise.

66. What if the non-custodial parent lives abroad?
Swedish courts still handle custody issues, but cooperation with authorities in the other country may be necessary.

67. Will a Swedish custody order be recognized abroad?
Often, yes—especially within the EU under the Brussels II regulation, but rules vary by country.

68. Can a foreign custody decision apply in Sweden?
Yes, depending on the circumstances and international agreements. The Swedish court may need to review it.

69. Can the child’s nationality affect custody?
Not usually. Custody is determined by the child’s residence and best interests under Swedish law.

70. What happens if the custodial parent dies?
Custody typically transfers to the surviving parent, unless there are reasons to prevent that.

Special Circumstances and Conflict Situations

71. Can sole custody be used to limit the other parent’s influence?
Only when it’s in the child’s best interest. Courts discourage using custody to punish or control the other parent.

72. Can the court appoint someone else to take custody if both parents are unfit?
Yes. The court can transfer custody to a relative, foster family, or municipality as a last resort.

73. Can domestic violence lead to sole custody?
Yes. If violence affects the child’s safety or the parent-child relationship, it may justify sole custody.

74. Can a criminal record affect custody rights?
Yes. The court considers whether the parent’s behavior impacts the child’s well-being.

75. Does mental illness affect custody decisions?
Only if it compromises the parent’s ability to care for the child safely and responsibly.

76. Can substance abuse lead to sole custody?
Yes. Ongoing alcohol or drug abuse is a valid reason for the court to award sole custody to the other parent.

77. Can sole custody be temporary?
Yes. Interim decisions may apply while the case is ongoing, and custody can be re-evaluated later.

78. What if the custodial parent becomes unfit later?
The other parent can apply to change custody based on new circumstances.

79. Can new partners or spouses influence custody cases?
Only indirectly. The court evaluates the child’s environment, including new household members.

80. Can social services take custody away from a parent?
Only under special laws, such as the Care of Young Persons Act (LVU), in extreme situations.

Legal, Financial, and Practical Considerations

81. Does sole custody affect child support (underhållsbidrag)?
It can. The non-custodial parent is usually required to pay child support to the parent with custody.

82. How is child support calculated in Sweden?
Based on the child’s needs and both parents’ economic situations.

83. Can I apply for government support if the other parent doesn’t pay?
Yes. You can apply for maintenance support (underhållsstöd) from Försäkringskassan.

84. Can child support be enforced abroad?
Yes, through international agreements. Försäkringskassan can help with cross-border enforcement.

85. Can a custody ruling affect welfare benefits?
Yes. Benefits like child allowance or housing support may depend on who has custody or where the child is registered.

86. Can both parents claim child benefits in shared custody?
Only one parent can receive the child allowance, unless shared equally in case of alternating residence.

87. Do courts consider the child’s school and routines?
Yes. The child’s daily life and stability are central to the best-interest assessment.

88. Can the child’s religion or culture affect custody?
Only if it relates to the child’s well-being. Courts aim to respect diversity without risking harm.

89. Can joint decisions be made after sole custody is granted?
Not legally, but parents can cooperate informally for the child’s benefit.

90. Can a custody decision be changed later?
Yes, by mutual agreement or through a new court ruling if the situation changes.

Final Considerations

91. Is sole custody permanent?
Not always. The court can revisit custody if circumstances change significantly.

92. Can custody be shared again after sole custody?
Yes, if both parents agree or the court decides it’s best for the child.

93. What is most important in a custody case in Sweden?
The child’s best interests—including safety, stability, emotional ties, and development.

94. What role does social services play?
They conduct investigations, give recommendations, and may offer support services.

95. Can mediation replace court in Sweden?
Yes. Courts often encourage parents to resolve issues through mediation or cooperation meetings.

96. Is it common to win sole custody in Sweden?
It depends. Courts are cautious and only grant sole custody when clearly justified.

97. What’s the difference between legal custody and physical residence?
Legal custody is decision-making authority. Physical residence is where the child lives.

98. Can the child’s address be changed after custody is decided?
Yes, but this often requires court review if it affects the other parent’s visitation.

99. Can custody cases be emotionally damaging for the child?
Yes. Courts and professionals try to minimize harm by focusing on the child’s needs and shielding them from conflict.

100. What’s the best way to approach a custody dispute?
Prioritize the child’s needs, seek legal advice, document concerns, and avoid unnecessary conflict.