Considerations before a divorce in regards to the future custody of children.

2016-05-30 i Vårdnadstvist
FRÅGA
Hi. I have come in a very difficult position. Iam married and have a child. But I unfotunatley don't want to be with my wife anymore. She is verbaly abusive and insults me all the time. Eveeything I do is wrong.I don't want my son to witness this and have traumas. Beside life is to short for this. However my wife threatens to take our son and wants to use lies and any means possible to get custody over our almost 4 years old son.She has no shame in life. What can I do here to keep my son or have shared custody.He is my entire world. Please give legal advise what to do before I fill in for divorce. Thanx in advance
SVAR

According to chapter 6 § 2 a Föräldrabalken (FB) the child’s best interest is important in questions regarding the custody. In said paragraphs second passage it is also stated that it is especially important for the child to have a good contact with both parents. The main rule is that the parents share custody of the child after a divorce. This is stated in chapter 6 § 3 2st FB. The courts can decide to grant only one of the parents custody if one or both of the parent requests this, chapter 6 § 5 FB. The courts will then base its decision on whether or not the two parents can cooperate in issues concerting the child’s best interest or not.

If one of the parents is abusing drugs, alcohol or such or otherwise fails to care for the child the courts may also decide to grant one parent sole custody. For these reasons (amongst others) it is good to refrain from such abuse etc to not add fuel to potential lies and exagerations.

All this considered, it is always a good start to have witness' that can vouch for your side of the story, should your wife start fabricating lies. However as this is a very delicate and important situation my advice has to be for you turn to a professional lawyer for further counsel.They will have a good understanding of how best to handle situations such as this.

I hope this atleast partially answered your question.

Kind regards,

Erik Claeson
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