Do you need a lawyer for child custody?

Et samlivsbrudd er ofte en utfordrende tid, spesielt når det er barn involvert. Å bli enige om barnefordeling kan være komplisert, men med riktig informasjon og veiledning kan prosessen bli mer oversiktlig.

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Hva innebærer foreldreansvar?

Foreldreansvar refererer til retten og plikten til å ta avgjørelser for barnet i personlige forhold, som navn, pass og medisinsk behandling. Som hovedregel har begge foreldrene felles foreldreansvar etter et samlivsbrudd, med mindre annet er avtalt eller bestemt. Dette gjelder uavhengig av om foreldrene var gift eller samboere.

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Fast bosted og samvær

Etter et samlivsbrudd må det avgjøres hvor barnet skal ha sitt faste bosted. Foreldrene kan avtale delt fast bosted, hvor barnet bor tilnærmet like mye hos begge, eller fast bosted hos én forelder med samvær for den andre. Valget av fast bosted påvirker blant annet hvem som kan ta beslutninger om dagligdagse forhold som barnehage, skole og fritidsaktiviteter i tillegg til flytting med barnet innenlands.

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Mekling ved uenighet

Dersom foreldrene ikke blir enige om foreldreansvar, fast bosted eller samvær, er mekling obligatorisk for foreldre med felles barn under 16 år. Målet med meklingen er å komme frem til en avtale som ivaretar barnets beste. Meklingen foregår vanligvis på et familievernkontor, og begge foreldrene plikter å møte.

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Rettens rolle

Hvis mekling ikke fører til enighet, kan saken bringes inn for domstolen. Retten vil da avgjøre spørsmål om foreldreansvar, fast bosted og samvær basert på hva som anses å være til barnets beste. Barnets mening vil også bli hørt, spesielt dersom barnet er over 7 år, og det legges stor vekt på barnets mening etter fylte 12 år.

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Økonomiske aspekter

Ved fastsettelse av barnebidrag tas det hensyn til begge foreldrenes inntekt, barnets behov og omfanget av samvær. NAV kan bistå med beregning og innkreving av barnebidrag dersom foreldrene ikke blir enige.

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Barnets beste i fokus

I alle avgjørelser om barnefordeling er det avgjørende å ha barnets beste som hovedfokus. Dette innebærer å sikre en stabil og trygg omsorgssituasjon, samt opprettholde en god relasjon til begge foreldrene så langt det er mulig.

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Å navigere gjennom barnefordelingsspørsmål kan være krevende, men med riktig informasjon og støtte kan foreldre finne løsninger som ivaretar både barnets og egne behov. Kontakt oss for en gratis samtale med en av våre advokater med spisskompetanse innen barnefordeling.

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When parents separate, important decisions must be made that affect the child's daily life - where the child will live, how time will be divided between the parents, and who will make decisions about their upbringing. Child custody includes parental responsibility, permanent residence and visitation, and is fundamentally about finding solutions that safeguard the child's best interests.

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Common distribution models and number of days

Time between parents is often distributed according to percentage models, but it can be useful to convert this to the number of days to get a more concrete picture of everyday life.

• 50/50 child sharing : The child lives equally with both parents – typically 7 days with each, every other week. This requires close cooperation and predictable structure.
• Child distribution 60/40 : Here, the child lives on average 4 days per week with one parent and 3 with the other. A solution that provides balance, while at the same time giving one parent slightly more responsibility.
• 70/30 Child Sharing : A common model where the child lives with one parent but has regular contact with the other parent every other weekend (Friday–Sunday) and one regular weekday each week. This results in approximately 21 days per month with the primary custodial parent and 9 with the other.
• Child distribution 80/20 : The child has a permanent base with one parent and spends time with the other only every other weekend (Friday afternoon to Sunday evening).

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Economic consequences of different distributions

How time is divided between parents has a direct impact on finances – both in terms of child support and public benefits.

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Child support

In the case of a 50/50 division of children, child support is usually not applicable, provided that the parents have roughly equal incomes. In the case of a more unequal division – such as 60/40 , 70/30 or 80/20 – it is common for the person with the least child to pay child support. The amount is determined, among other things, by the income differences and the child's needs.

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Child benefit and other benefits

Child benefit is paid to the parent with whom the child is registered. In the event of shared residence, the parents may agree on shared child benefit. In the event of an uneven distribution, such as in the case of a 70/30 or 80/20 child distribution, the parent with primary custody may be entitled to extended child benefit, transitional benefit and support for childcare.

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Which distribution fits best?

There is no universal solution for child custody. Some children thrive living equally with both parents, while others have a greater need for stability with one fixed base. What is best depends on the child's age, well-being, daily routines and the parents' ability to cooperate. Practical factors such as travel routes, school and extracurricular activities also play an important role.

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The importance of collaboration and mediation

Good cooperation between parents is crucial to creating a safe and predictable everyday life for the child. In the event of a disagreement about visitation or finances, it is legally required to attend mediation before the case goes to court. The goal is to find a solution that works for both parties – but first and foremost for the child.

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Do you need legal assistance?

Child custody can be both demanding and emotional. If you are unsure of your rights, or need help finding a fair solution, it may be a good idea to seek legal advice.

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At Insa lawyers you can get assistance from an experienced lawyer in child custody , who knows the regulations and can help you with everything from advice and contract drafting to mediation and possible legal proceedings.

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When a relationship ends, questions often arise about how the parental role should be continued. For many fathers, the process of child custody can be perceived as confusing and challenging. Although the Children's Act in Norway is clear that parents should be treated equally, practice shows that there are still misunderstandings and different perceptions of fathers' rights in child custody.

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Equal parents in the eyes of the law

The Norwegian Children's Act is basically gender-neutral. This means that the mother and father should be considered equally when deciding where the child will live and how contact should be organized. Nevertheless, many fathers experience that the mother often has a more central role in the division of children.

This difference is largely due to old ideas about parental roles, and not the law itself. The legal starting point is clear: It is the best interests of the child that should be the guiding principle – not the gender of the parents.

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Child custody: Father's rights in practice

If the parents cannot agree on child custody on their own, there are several legal frameworks and arrangements that ensure that both parents are heard.

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Permanent residence

As a father, you have the same right as the mother to request that the child have permanent residence with you, or that you have shared residence. With shared residence, the child lives almost equally with both parents, and both have equal influence over major decisions related to the child's life, such as school, health and residence. The court emphasizes several factors when considering a residence solution:

• the child's needs
• attachment to parents
• parental caregiving ability
• When relevant – the child's own wishes

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Visitation rights

If the child is given permanent residence with the other parent, you still have the right to visitation. A standard visitation arrangement often involves every other weekend, as well as sharing vacations and holidays, but the arrangement can be adjusted if both parties wish. If you feel that visitation is too limited, you have the right to have this assessed by a court.

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Parental responsibility

The vast majority of parents have joint parental responsibility after a breakup. This means that both parents should be involved in important decisions concerning the child. If one parent wants to change this, it requires the consent of the other – or a court order.

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Common Misconceptions About Fathers' Rights

There is a widespread myth that the court automatically grants primary custody to the mother. Although in practice the mother more often ends up with permanent residence, recent statistics show that fathers are increasingly being successful – especially when they are well involved in the child's life and can document good caregiving skills.

The court is increasingly looking at the entirety of parenthood, and no longer gives unconditional priority to the mother.

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Legal assistance and mediation

In the event of a disagreement about children after a breakup, the first step is usually mediation. Parents with children under the age of 16 are required to attend mediation before any legal action. The goal is to find a solution that both parties can agree on, without going to court. In many cases, this leads to good and lasting agreements.

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When should you seek help?

If mediation does not lead to progress, the matter can be brought to court. The court will then consider what is in the best interests of the child, based on a comprehensive assessment of both parents' situation and ability to care for them.

In such cases, it is highly recommended to seek legal assistance early in the process. A lawyer with experience in child custody cases can help you clarify your rights, formulate claims, and safeguard your interests throughout the process – whether it concerns visitation, residency, or parental responsibility.

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If you are in a conflict, or want to have your options assessed, it can be crucial to have a stable and specialized legal partner. A child custody lawyer can provide you with security and guidance throughout the process.

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