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Child custody law determines the legal guardianship for children under 18. In Gdańsk, as in all of Poland, both parents generally have equal parental responsibilities and rights regarding their child's upbringing, even if they divorce or separate. However, the court can grant sole custody to one parent in certain situations, primarily prioritizing the welfare and best interests of the child.
In complex divorce or separation situations, where parents can't agree on their child's custody, it may be necessary to hire a lawyer. Factors such as relocating a child internationally, a parent's incapability due to health or addiction issues, cases of neglect, abuse, or parental alienation often require legal assistance. Even if the situation seems amicable, having professional legal counsel can help ensure that your interests and those of your child are adequately represented.
The Polish Family and Custody Code specifies that the child’s wellbeing is paramount in all decisions regarding custody. The court generally aims for joint custody, facilitating involvement of both parents in the child's life. However, in situations where a parent poses a threat to a child's mental, physical, or emotional wellbeing, sole custody may be granted. Furthermore, a child's opinion may also be considered in court, provided the child is over 10 years old and sufficiently mature.
No. Generally, both parents must agree on relocating a child internationally. If the other parent refuses permission, a court order will be required.
The court primarily considers the welfare and best interests of the child. Factors like parental ability, stability, the child's age, health, and the child's established living patterns are taken into consideration.
Joint custody implies that both parents collaborate to make major life decisions for the child. Day-to-day care might still rest with one parent for practicality, depending upon the proximity of the parents' homes, work commitments, etc. Visitations and shared responsibilities can be detailed in a parenting agreement.
In exceptional cases, if both parents are unfit or unwilling to exercise parental responsibility and it's in the child's best interest, grandparents might be granted custody.
Ensuring primary custody depends on various factors, but it often involves demonstrating that living with you is in the child’s best interest. You would need to provide evidence of your ability to provide a stable, safe, and supportive environment.
You can consult governmental bodies and organizations for more information and help, including the Ministry of Justice, Poland, and various non-government organizations offering consultation for affected families. The Ombudsman for Children in Poland is a valuable resource for understanding rights and laws related to child custody.
If you need legal assistance with child custody law in Gdańsk, consult with a lawyer specializing in this field. They can guide you through the process, ensure your rights and interests are protected, and help you navigate any complexities that may arise. Remember to gather all relevant documents and present the whole, honest situation to your lawyer for the best representation.
