Joint or Sole Custody: What Does It Really Mean?

What Does Custody Mean?

Custody is, simply put, the practical and legal responsibility for a child. It can be joint — exercised by both parents together (two guardians) — or sole, held by one parent alone (one guardian).

A guardian's formal approval matters most for decisions about:

• The child's name
• Population registration — where the child is officially registered as living
• Medical care that is not routine
• Education — the choice of preschool or school
• Passport applications

With joint custody, decisions like these — registering a move, applying for a passport — normally require both guardians' approval. With sole custody, the approval of the custodial parent alone is enough.

The Difference Between Joint and Sole Custody

Joint custody is the most common arrangement in Sweden today, whether or not the parents live together. For it to work, parents need to cooperate reasonably well and make decisions together. They agree on the big questions — housing, school, the child's name and so on — even if they think differently about smaller things.

With joint custody, both guardians can independently attend school meetings, stay in contact with doctors, and keep themselves informed about the child's life. A parent who is not a guardian has no independent right to attend school meetings or receive information about the child from child and adolescent psychiatry or the social services — the sole guardian has to consent first.

A parent with sole custody is responsible for keeping the other parent informed about the child's life, so that time together — for instance every other weekend — works well for the child. But legally, the obligation goes no further than that.

Is One Type of Custody Better Than the Other?

The question of joint or sole custody does not in itself depend on how, or with which parent, the child lives. What matters is whether the parents can solve practical questions about the child together — or not. The child should not have to suffer because the parents cannot cooperate. In that case, it is often better for one parent to carry the responsibility for making decisions in the child's best interest.

Examples of situations where sole custody could be in the child's best interest:

• The child misses out on a place or opportunity at school because one or both parents refused to give consent.
• One parent refuses to approve a passport application, so the child cannot travel on vacation with the other parent.
• The child risks going without necessary medical care because a parent withholds consent.
• The necessary consents exist, but the conflict between the parents is so deep and long-lasting that the child is suffering.
• The child needs protection from a parent — for example in cases of domestic violence or abuse. Then it is crucial that the other parent contacts a lawyer and takes the case to court.

How Custody Is Decided and Changed

• A sole guardian can agree to change from sole to joint custody; changing from joint to sole custody is something the guardians decide together — or a court decides for them.
• If the parents agree, they can sign a custody agreement. The social services in their kommun (municipality) then carry out an investigation, and if everything is in the child's best interest, the social welfare board approves the agreement, which makes it legally binding.
• If the parents do not agree, one of them has to bring a custody case against the other in tingsrätten (the district court). The court spends much of the process trying to help the parents reach a voluntary agreement. If that fails, the court rules on the matter.