Child custody in Sweden
In Sweden married parents have joint custody, an unmarried father registers for it, and joint custody continues after separation without a court decision.
Updated October 2026. Spotted a mistake? Tell us.
If the parents are married
Both parents have joint custody automatically if they are married when the child is born. Parents who marry later gain joint custody through the marriage.
If the parents are not married
The mother has custody at birth. The father can get joint custody by registering it, which the official fact sheet says is easy to do, or by going to court to seek joint or sole custody.
The unmarried father, in one line: The mother has it; the father needs a step: a joint declaration, registration, agreement, or living with the mother at the birth.
After a divorce or separation
Joint custody continues after a divorce without a court decision, and changing it requires applying to end joint custody. The child's residence is not set by default: a court decides whether the child lives with one parent or alternately with both.
What the child can say
As the child grows, the custodian must take more account of the child's views and wishes. The official fact sheet gives no age.
Moving house or moving abroad with the child
The official fact sheet does not cover moving. With joint custody, moving the child abroad generally needs both parents' consent.
If the parents live in different countries
Sweden is a party to the 1980 Hague Child Abduction Convention, which lets a parent ask for a child wrongly taken to another country to be returned. It works only with countries that have accepted its accession, so check the other country on the treaty status table.
Within the EU, Regulation (EU) 2019/1111 (called Brussels IIb) decides which country's courts handle parental responsibility: in principle the courts of the country where the child habitually lives, and it speeds up the return of a child wrongly taken to another member state. Denmark does not take part in it.
Understand the legal system first
Sweden belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the Sweden legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Sweden? →
Divorce rate and trend in Sweden →
Official sources
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TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.

