CUSTODY DISPUTE

Being involved in a custody dispute is often emotionally challenging and legally complex. If you're considering applying for sole custody, it can be hard to know where to start. This guide will explain what is required to obtain sole custody, what is meant by the best interests of the child, and how a lawyer specializing in custody can help you.

At Linton Kennegård Law Firm AB, we have extensive experience representing clients in complex custody, residence, and visitation cases. We are used to handling difficult cases involving psychological, physical, or sexual abuse, as well as cases concerning mental illness or substance abuse.

What is required to get sole custody?

Sole custody means one parent has full responsibility for the child's personal matters. For a court to grant sole custody, there must be special reasons, such as severe conflicts between the parents that prevent joint decisions, or if one parent is deemed unfit due to violence or substance abuse.

It is also important to remember that the best interests of the child always come first. If the parents cannot agree, the court will decide. The child’s needs and what benefits them most in the situation are crucial.

How to get an interim decision on sole custody?

If the situation is urgent and a parent believes it's impossible to wait for a final judgment, it's possible to request an interim (temporary) decision. This applies until the full legal process is completed.

An interim decision may be necessary if there is an immediate threat to the child’s well-being or safety. You must submit an application to the district court explaining why a quick decision is necessary. The court will assess all circumstances before ruling.

What is the best interest of the child in a custody dispute?

When a court rules on custody, residence, or visitation, the child’s best interest is always the most important factor. Considerations include:

• The child’s need for security and stability.
• The risk of the child being exposed to violence.
• The parents' ability to care for the child.
• Maintaining a good relationship with both parents.
• The child’s own expressed wishes (depending on age and maturity).

The court will decide based on what supports the child's health and development in the long term.

What does it mean to be a legal guardian?

A legal guardian is responsible for the child’s personal affairs, including care, safety, education, and financial support. The guardian also makes decisions about school, healthcare, and the child’s future.

Guardians must also consider the child’s opinions, especially as they grow older. The older the child, the more weight the court places on their own views and feelings.

Visitation sabotage

A serious issue in many custody cases is visitation sabotage — when one parent prevents the child from seeing the other parent. Children have the right to contact with both parents, and deliberately obstructing that relationship can have serious consequences for both the child and the obstructing parent.

FAQ – Common questions to a custody lawyer

How much does it cost to hire a lawyer for a custody dispute?

The cost varies depending on the complexity of the case. Often, legal expenses are covered by home insurance or state legal aid. Contact Linton Kennegård Law Firm AB for details about your specific case.

How can a lawyer assist in a custody case?

A lawyer can help you understand your rights, provide legal advice, and represent you in court. We ensure you receive the support and guidance needed throughout the entire process. It's rarely wise to represent yourself in a custody dispute.

What factors does the court consider in a custody case?

The court considers the child's best interest, the parents' ability to care for the child, the child’s own wishes, and whether violence or abuse has occurred.

How can Linton Kennegård Law Firm AB help me?

We are experts in custody disputes with extensive experience in difficult and complex cases. We offer legal advice and support throughout the process, always prioritizing your child’s best interest.

Contact us today for help with your custody dispute and get answers to all your questions.