Forældremyndighed

Forældremyndighed refers to the legal rights and responsibilities that parents have concerning their child. In Denmark, this is typically shared by both parents after a divorce or separation, unless a court decides otherwise. The primary purpose of forældremyndighed is to ensure the child's well-being and best interests are prioritized. This includes making decisions about the child's upbringing, education, health, and religious affiliation.

When parents are married, they automatically share forældremyndighed. If parents are unmarried, the mother automatically has forældremyndighed. The father can acquire shared forældremyndighed through a declaration of paternity or by registering his paternal relationship. If parents separate and are not married, they can agree on shared forældremyndighed. If no agreement is reached, or if one parent objects, the Family Court (Familieretshuset) can make a decision.

In cases of sole forældremyndighed, one parent is granted the exclusive right to make decisions about the child. This usually occurs when shared forældremyndighed is deemed not to be in the child's best interest, for example, due to domestic violence or severe conflict between the parents. Even with sole forældremyndighed, the other parent typically retains the right to contact and information regarding the child, depending on the specific court order. The concept is designed to provide legal clarity and protection for the child throughout their upbringing.