When a parent struggles with alcohol, drugs, or prescription medication, it can seriously affect a child’s safety and well-being. In Sweden, child custody disputes involving substance abuse are governed by the Swedish Parental Code (föräldrabalken), with a strong focus on the best interests of the child. However, proving substance abuse in court is not always straightforward. This article explains how such cases are handled under Swedish law and what steps a concerned parent can take.
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What does Swedish law say about custody and substance abuse?
Under Swedish law, all decisions regarding custody, residence, and visitation (also known as “contact”) must prioritize the child’s health, security, and development. If there is a risk that the child may be harmed due to a parent’s substance abuse, the court must take this into serious consideration.
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The Swedish court may:
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award sole custody (ensam vårdnad) to the parent who can provide a safe and stable environment,
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restrict or deny visitation (umgänge) with the parent who has substance abuse issues,
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order supervised visitation with a contact person (umgänge med umgängesstöd) if the child is to have contact under controlled conditions.
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How can substance abuse be proven in a Swedish custody case?
Concrete and reliable evidence is essential in Swedish custody cases. This may include:
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documentation from addiction treatment programs or health care providers,
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reports from social services (socialtjänsten) or the police,
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statements from witnesses such as teachers, relatives, or neighbors,
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messages or emails that indicate drug or alcohol use,
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results from drug and alcohol testing.
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In Sweden, social services play an important role in assessing risk to children. If there are concerns about a parent’s substance use, a report should be made to social services without delay. They are legally required to investigate.
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Can a parent with substance abuse problems be granted custody in Sweden?
It depends on the circumstances. If the parent is actively engaged in treatment and demonstrates recovery, the court may consider shared custody or allow visitation under certain conditions. However, if the parent poses an ongoing risk to the child, the court may deny custody and limit or prohibit visitation. Each case is assessed individually based on the child’s needs and available evidence.
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What can a concerned parent do in Sweden?
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Document everything – keep records of incidents, save messages, and write down observations.
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Report to social services – in Sweden, this is often the first step when a child may be at risk.
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Consult a family law attorney – a Swedish lawyer can help you file for sole custody or take legal action to protect your child.
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Focus on the child’s best interests – courts in Sweden expect parents to act for the child’s welfare, not out of personal conflict.
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Do you need legal help in Sweden?
At Advokatfirman Segerström, we have extensive experience representing parents in custody disputes under Swedish law, including those involving alcohol or drug problems. We understand how to present evidence, work with social services, and act quickly to protect your child’s rights and well-being.
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Contact us for a free initial consultation. We are here to help you take the right legal steps within the Swedish system.
