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In Krakow, like the rest of Poland, child custody laws prioritise the welfare of the child over parental rights. Parents are expected to maintain, educate, and raise their child until they reach the age of majority. In the case of a divorce or separation, the issue of child custody and visitation rights is determined by family courts. Courts aim to issue a ruling that creates a stable and encouraging environment for the child but also respects the rights of each parent. Both joint custody and sole custody is possible in the Polish legal system, depending on the circumstances.
Complex issues often arise during the process of determining child custody, requiring the services of a lawyer. Conflict or disagreement about the child's residence, visitation schedules, decision making about the child’s education, and medical care are common. Legal assistance is crucial in such situations. It's also advisable to seek legal advice if there are concerns over the child's safety due to abuse or neglect. A lawyer can guide you through the procedures and legal nuances to ensure the best interest of the child is prioritized.
The key guiding principle in Polish law regarding child custody is the child's "best interest." If parents cannot agree on a custody arrangement, courts will evaluate factors like the emotional ties between the child and parents, the capacity of the parents to care for the child, and the mental and physical health of all involved. Courts may also factor in the child's preference, if the child is deemed mature enough. Parents who do not receive custody will usually be granted visitation rights, but these can be restricted if deemed harmful to the child. Joint custody is preferred in Poland as it allows the child to maintain relationships with both parents.
The child's preference may be considered if they are sufficiently mature, usually around the age of 13, but it is not the deciding factor.
While joint custody is preferred, it's not always granted. The court evaluates each case separately considering the best interests of the child.
Yes, these orders can be modified. Changes to the child's or parents’ living or health conditions might warrant a review of the custody order.
In such cases, the court can enforce the custody order. Severe or repeated violations can lead to a change in custody or visitation rights.
In general, relocating with the child to a place that significantly hinders the other parent´s visitation rights requires the other parent's consent or a court order.
For further assistance, you may approach the Family Support Centre (Rodzinny Ośrodek Diagnostyczno-Konsultacyjny) in Krakow. Also, the Polish Ministry of Justice website provides valuable legal information on child custody. Another organization that could be useful is the Empowering Children Foundation (Fundacja Dajemy Dzieciom Siłę).
If you need legal assistance on child custody issues, you should consider consulting a family attorney. Make sure to bring all important documents related to your case during the consultation. You may also want to prepare a list of questions you have about the child custody laws and process in Krakow. It’s important to find a lawyer who can patiently guide you through this challenging time and strongly represent your case.
