When a child is born, the question of custody becomes immediately relevant, especially if the parents are not living together or if there is disagreement between them. Who gets custody automatically? What happens if the parents are not married? And what if a dispute arises right after birth? In this article, we explain the rules for custody of newborn children under Swedish law and what you need to know as a parent in Sweden.
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What does custody mean?
Custody in Sweden refers to the legal responsibility for a child – the right and duty to make important decisions regarding the child’s residence, schooling, medical care, and overall welfare. Custody can be:
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Joint custody, where both parents share legal responsibility, or
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Sole custody, where one parent alone has the legal authority.
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Who gets custody automatically at birth in Sweden?
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This depends on whether the parents are married or unmarried:
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If the parents are married, they automatically receive joint custody of the child.
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If the parents are unmarried, the mother receives sole custody by default under Swedish law.
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Unmarried parents can submit a joint custody declaration to the Swedish Tax Agency (Skatteverket) when paternity or parenthood is established.
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How is custody registered in Sweden?
Custody is recorded in connection with the establishment of paternity or parenthood, usually through the local social services (socialtjänsten). At that time, the parents can voluntarily sign a joint custody agreement, which is then submitted to and registered by Skatteverket.
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If the parents do not agree, either parent may apply to the district court (tingsrätten) to have the custody matter decided.
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What happens if there is disagreement right after birth?
If a dispute arises immediately after the child is born – for example regarding custody, residence, or contact – the case may be taken to court. The district court will make a decision based on the best interests of the child, not the wishes of either parent.
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The court may decide on:
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Joint or sole custody,
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Where the child will live,
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How and when the child should have contact with the other parent.
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Even for newborns, the court can request an investigation by social services to assess the parenting situation and the child’s needs.
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Can a parent get sole custody from the start?
Yes. If there are specific reasons – such as an inability to cooperate, risk of violence, or lack of interest or involvement from the other parent – the court can award sole custody from the beginning.
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Do you need help with a custody issue involving a newborn in Sweden?
At Advokatfirman Segerström, we have extensive experience assisting parents in custody matters – including cases involving newborn children. We help you understand your rights under Swedish law and act quickly to ensure that your child’s best interests are protected from the very start.
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Contact us if you are facing a custody dispute or need legal guidance following the birth of your child. We are here to support you – from negotiation to court proceedings, if necessary.
