Custody: joint and sole custody

What is parental responsibility (custody)?

Parental responsibility (forældremyndighed) is the legal right and duty to make decisions about a child's personal affairs, including significant questions of education, health, religious upbringing and passport/travel. Parental responsibility is governed by the Parental Responsibility Act (forældreansvarsloven, Act no. 499 of 6 June 2007 with later amendments).

Joint vs. sole custody

Joint custody means both parents have the right and responsibility to make significant decisions about the child. It presupposes that the parents can cooperate on the child's best interests.

Sole custody is given to one parent, typically when cooperation is impossible, in serious conflicts, violence or abuse.

The legal starting point

In Denmark, joint custody is the starting point. All decisions under the Parental Responsibility Act are made on the basis of what is best for the child (section 4 of the Act):

• Married parents automatically have joint custody
• Unmarried parents get joint custody when, in connection with the registration of paternity or co-maternity, they make a care-and-responsibility declaration that they will look after the care and responsibility for the child together
• Parents who have never had joint custody and do not live together: the parent the child is registered with can as a starting point have custody alone, until otherwise agreed or decided

Agreement on custody

Parents can freely agree the terms of custody, residence and contact, and this is preferable. A private agreement:

• Requires no case before an authority
• Can be adapted to the family's specific needs
• Can be changed by mutual agreement
• Saves time, money and conflict

What should a custody agreement contain?

A good agreement governs:

1. Custody, joint or sole
2. Residence, who the child lives with
3. Contact, a schedule for the parent the child does not live with
4. Holidays and public holidays, the summer holiday, Christmas, Easter, birthdays
5. Communication, agreements on information and involvement
6. Moving, what happens if one parent wants to move

Residence, who decides where the child lives?

Residence determines who the child has their permanent address with. Residence is not the same as custody:

• One parent can be the resident parent even though both have joint custody
• Residence has great practical importance for daily care, day care and school

If the parents cannot agree on residence, the matter can be brought before the Agency of Family Law (Familieretshuset), which decides on the basis of what is best for the child.

Contact, rules and agreements

The child's connection with both parents is sought preserved, and the parent the child does not live with as a rule has a right to contact under section 19 of the Parental Responsibility Act. Contact can be freely agreed between the parents. Typical arrangements:

7/7 arrangement (shared arrangement)

The child lives alternately one week with each parent. Requires the parents to live close to each other and to be able to cooperate.

Standard contact

The child is with the contact parent:

• Every other weekend (for example from Friday to Sunday)
• Some weeks in the summer holiday
• Alternating Christmas and Easter

Extended contact

More time with the contact parent, for example a 9/5 or 8/6 arrangement.

The Agency of Family Law, when should you involve them?

The Agency of Family Law is the administrative authority for family-law cases. You should involve the Agency of Family Law if:

• You cannot agree the arrangement privately
• One parent wants to move abroad with the child
• You want an official decision
• There is concern for the child's wellbeing

The Agency of Family Law offers, among other things, conflict mediation. The most far-reaching and disputed cases are decided by the Family Court (a part of the district court).

Child support

The resident parent normally has a right to child support from the other parent. The support is based on the normal rate and depends on the payer's income and the number of children.

Normal rate 2026: DKK 1,675 per month (base amount DKK 1,483 + supplement DKK 192), regulated each year. In a shared arrangement (a roughly equal split) no support is set as a starting point, unless there is a large difference in the parents' support of the child.

Parents who disagree

If you disagree about custody, residence or contact, you can:

1. Seek conflict mediation at the Agency of Family Law
2. Ask the Agency of Family Law to handle the case, after which the simpler cases are decided administratively
3. Have the most far-reaching and disputed cases decided by the Family Court

The child's perspective is given great weight, and the child is involved in the case according to age and maturity.

Passport and international travel

With joint custody, both parents must as a rule consent to:

• The issue of a child passport
• Moving abroad with the child

If the other parent refuses consent without reasonable cause, the matter can be brought before the Agency of Family Law.

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Frequently asked questions

Can a custody agreement be changed?

Yes, a private agreement can be changed when both parents agree. A decision by the Agency of Family Law or the Family Court can be changed if there has been a significant change in the child's or the parents' situation and a change is best for the child.

What is the child's best interests?

The child's best interests are the central principle in section 4 of the Parental Responsibility Act. It involves, among other things, stability, security, the opportunity for contact with both parents and protection from harm. The Agency of Family Law and the Family Court always decide cases on the basis of this principle.

Can a child decide who to live with?

No, there is no fixed age at which the child decides. The child is involved in the case according to age and maturity (for example through a child interview), and the child's view is given gradually greater weight the older and more mature the child is. But it is always the child's best interests, not the child's wish alone, that is decisive.