Child custody in Denmark
In Denmark married parents share custody, an unmarried father needs a joint declaration, and joint custody normally continues after separation.
Updated October 2026. Spotted a mistake? Tell us.
If the parents are married
Both parents have custody of the child.
If the parents are not married
The mother has sole custody at birth. The parents can make a joint declaration, which gives both of them custody, and the father can also ask the authorities or a court.
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 normally continues after separation or divorce. If the parents cannot agree on where the child lives or on contact, the Family Agency and then the court decide.
What the child can say
The child's views are taken into account according to age and maturity. The older the child, the more weight they carry.
Moving house or moving abroad with the child
Where custody is joint, taking the child to live abroad generally needs the other parent's agreement or a court's permission.
If the parents live in different countries
Denmark 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.
What to watch for
- Denmark has not published its fact sheet in English on the e-Justice Portal, so this entry relies on the Danish Parental Responsibility Act. Check it against the statute.
Understand the legal system first
Denmark 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 Denmark legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Denmark? →
Divorce rate and trend in Denmark →
Official sources
Take it further
Inheritance, marriage, children, property and arrest rules in one PDF, with questions for a lawyer.
Write down parenting time and responsibilities.
Permission for a child to travel with one parent or another adult.
Marriage, divorce, custody and support, step by step.
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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.

