A divorce or separation often affects the children of the couple, especially if the separating parties cannot reach an agreement. In such cases, it may be necessary to decide on issues of custody, residence, access, and maintenance of the children. At Advantage Law Firm we help you with all these issues.
If the parents are married to each other when the child is born, both have custody of the child. In most cases, joint custody continues even if the parent’s divorce. In the case of divorce, it is possible to obtain sole custody of the child if it is deemed to be in the best interests of the child.
Children can live with one or both parents. The parents themselves can agree on how the children should live. The parents can have a housing agreement approved by the social welfare board and if the parents cannot agree, the district court can decide by judgment who the children should live with.
Custody refers to the responsibility for the child’s personal circumstances, including the right to care, safety, livelihood, and education. Custody of the child may be joint, or one parent may be the sole custodian.
For joint custody to be considered for the parties’ children, the parents must be able to agree and make important decisions together. If the parents are able to cooperate regarding the children, it may be possible to have equal access to the children within the framework of joint custody. This means that the children live alternately with both parents and spend an equal amount of time with both.
If the parents are unable to agree and make important decisions together, one parent may be granted sole custody, in which case all legal responsibilities are transferred to that parent. As a result, the responsible parent may need to inform the others of important events concerning the children.
If the parents are not married to each other when the child is born, the mother automatically gets sole custody of the child. In such situations, the parents have the possibility to agree on joint custody and such an agreement can be approved by the social services department of the municipality. The social welfare board has an obligation to try to confirm who the child’s father is, and it is in connection with the confirmation of paternity that the parents can notify that they want joint custody.
Parents can also always apply to the district court for joint custody.
As a rule, children have the right to contact the parent they do not live with. Access can be carried out for example, in person, by telephone or by video call. Access is always for the children and a child’s access to the parent they do not live with should therefore always be decided on the basis of what is best for the child.
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Costs for a legal representative can sometimes be covered by the legal protection of your home insurance or by legal aid, we will help you explore your options.
If you cannot agree on how to settle the issues of custody, housing, and access, it may be a good idea to contact a lawyer. Through an initial conversation with us, we help you take the next step in the process and are then here for you from start to finish.
At Advantage Law Firm, we work in all matters and our family law lawyers have a broad competence and long experience in family law issues.
Get in touch with one of our family law lawyers today by calling us on + 46 8 20 21 40 or emailing info@advantage.se
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