In the event of divorce or separation where the parties have children together, it is important to agree on issues relating to the custody of the children, their living arrangements, and access to them. If there are difficulties in reaching an agreement, the municipality can help mediate between you. If it is not possible to reach an agreement despite mediation efforts, it may be necessary to initiate court proceedings.
The most important thing in a custody dispute is to consider the best interests of the child; all decisions should be made based on what is best for the child involved. Therefore, before starting a custody dispute in court, the parents must first attend an information session with the municipality. This meeting is usually held at a department called the family court. The purpose of the information session is to find a consensual solution to issues concerning the children. After the session, a certificate is issued that can be submitted in connection with any court proceedings. If the custody dispute ends up in court, the court will investigate what is best for the child.
Custody of a child can be either joint or sole. The person who has custody of a child is legally responsible for the child’s personal circumstances, including care, security, support, and education. The custodian can decide on matters such as the child’s schooling, medical care, and passport applications. The older the child, the more the child’s own views should be taken into account.
Joint custody requires that the parents of the child can agree and make important decisions about the child together. If the parents cannot agree, the court may decide that one of the parents should have sole custody. The parent with sole custody takes over full legal responsibility for the child, which may include informing the other parent about important events concerning the child.
If the parents are married to each other when the child is born, custody is automatically joint. Joint custody usually continues even if the parents divorce. In the event of divorce, the court may decide that one of the parents should have sole custody if this is deemed to be in the best interests of the child.
If the parents are not married to each other when the child is born, the mother automatically has sole custody of the child. However, the parents can agree to have joint custody, which can be approved by the Social Welfare Board. The Board has an obligation to try to confirm who the father of the child is. When paternity is confirmed, the parents can state that they wish to have joint custody. It is also possible to apply to the district court for joint custody.
The child can either live with one parent or alternately with both parents, regardless of whether custody is joint or sole. The parents can agree on the child’s living arrangements through a living arrangement agreement, which can be approved by the Social Welfare Board. If the parents cannot agree on who the child should live with, the district court can make this decision.
A child has the right to see both parents, which includes seeing the parent with whom the child does not live. This can be in person, by telephone, or by video call. Access issues should always be decided based on what is best for the child.
At Advantage law firm, we have extensive experience with disputes concerning custody, residence, and access. If you cannot agree on how these issues should be regulated, we are happy to assist you.
The cost of a legal representative can sometimes be covered by your home insurance or by state legal aid. We can help you explore your options.
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