FrågaFAMILJERÄTTBarnrätt31/08/2018

How can I get full custody of my children?

I'm going through a very messy split with my longtime partner of twenty years. We have three children. She has constantly been disappearing from home and the children for days or weeks at a time for half a year. I would like full custody of our children, at least untill she is more capable of taking care of them. My understanding of Swedish law is small and I feel lost. I would appreciate any and all kind of advice possible.

Lawline svarar

Hello! Thank you for reaching out to Lawline with your question. I will do my best to help you.

I assume that you and your partner have shared custody of your children at the moment, and i also assume that all of you have swedish citizenship. If i am wrong, you're welcome to send another question to Lawline with this information included, since it may have a huge impact.

If your partner do not agree to give you full custody of your children, the first step is to contact "familjerätten", which is a part of the social services, in the commune where you live. After you contact them, they will start with having a meeting with you and your partner, and if you still cannot agree with eachother afterwards, they will file the motion of full custody according to your wishes to the court, where you will need a lawyer to help you further with your legal case. You're always welcome to reach out to us again in that case, and book a meeting with one of our lawyers.

I also want to inform you that it's not easy to get full custody, and you should prepare for a long civil procedure. In the end, the court will make their decision based on what's best for the children.



Best of luck!
Kind regards,

Lena FamulakRådgivare
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