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CHILD CUSTODY: SOLE CUSTODY

Info

This is a form of child custody whereby a single parent takes care of the child. The other parent is given the opportunity to visit the child at agreed periods. The parent taking care of the child is the custodial parent while the other parent is the non custodial parent.

This form of custody was the prime option in a divorced marriage in the past. However, this form of child custody is no longer so predominant due to the prevalence of joint physical custody. The latter has proven to be very beneficial to both the parents and the child.

Situations where sole custody prevails

Sole custody is sometimes approved by the court in certain situations. It is most times approved when joint custody has proven to be against the best interests of the child or if the rights of the child are being affected.

If the parents of the child are not cooperating or agreeing in a joint physical custody arrangement, the Swedish law permits the dissolution of the joint custody. Either of the parents is entitled to file for sole custody.

There are also situations whereby a parent has proven to be a threat or is abusive. The joint custody could be dissolved. This is intended to be in the best interests of the child.

If the parents of the child are unmarried, sole custody is given to the mother. A joint custody could later be initiated once the parents are married.

Forms of child custody similar to sole custody

Split custody

In this arrangement, one parent has singular custody of part of the children while the other parent also has singular custody of the remaining children. This form of custody is not so common as it is beneficial to keep siblings together for mutual support and close relationship. However, it is resorted to when a child prefers one parent to another or when the siblings do not relate well with one another.

This arrangement is criticized for being the same as sole custody, in that the child(ren) only have access to one parent. Critics claim it brings forth low physical, intellectual and social performance when compared with joint physical custody. The idea of separating siblings has brought up lots of unsupportive comments from the society which believe the separation would have a damaging effect on the relationship between siblings.

Alternating custody

This is an unusual form of custody, in which parents take turns at single handedly taking care of the child. The child alternately lives with each parent for extended periods. The non custodial parent is however entitled to visiting the child during the period of the child’s stay with the other parent.

This form of custody is mostly used by parents who reside at far away locations from each other. It is a safe custody to resort to in order to avoid Custody dispute (Vårdnadstvist).

Conclusion

In situations whereby the parent abuses the sole custody by placing the child’s health and development in danger, the court could decide to switch the custody.


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CHILD CUSTODY: SOLE CUSTODY

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Published on February 15, 2021

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