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KRASUSKI Legal

KRASUSKI Legal

Bielany Wroclawskie, Poland

Founded in 2014
5 people in their team
KONRAD KRASUSKI LEGAL ADVISOR'S OFFICELegal Advisor Konrad Krasuski (Law Firm) provides legal services for entrepreneurs and individual clients. The...
Polish
English

About Father's Rights Law in Bielany Wroclawskie, Poland

Father's rights law in Bielany Wroclawskie, Poland, operates under the larger umbrella of family law in the country. The law recognizes fathers as having equal parental rights as mothers and is guided by the principle of the child's best interest. This means it protects the right for fathers to maintain direct ties with their children after separation or divorce while defending their responsibilities towards the child's wellbeing and development. The courts always place the child's welfare first in determining custody arrangements.

Why You May Need a Lawyer

Legal representation is often required in cases where the parental rights of a father are threatened or contested. This can be during a separation or divorce where custody and visitation rights are being defined, in paternity cases, during adoption or surrogacy procedures, and if allegations of child abuse or neglect are made. A lawyer can guide you through the legal complexities, ensure that your rights are respected, and advocate for your interests in court proceedings.

Local Laws Overview

In Bielany Wroclawskie, the key aspects of local laws relevant to father's rights fall under the Polish Family and Guardianship Code. This law states that both parents, irrespective of their marital status, share parental authority, including rights and responsibilities. If parents cannot reach an agreement on matters relating to their child, a court can make a decision on their behalf. When deciding on parental authority following a divorce or separation, the courts consider the child's welfare, their emotional ties with both parents, and each parent's ability to provide appropriate care and upbringing.

Frequently Asked Questions

1. Can a father get custody of his child in Poland?

Yes, a father can be granted custody if it is deemed to be in the best interest of the child. The Polish courts do not favor either parent over the other but rather base their decision on the child's welfare.

2. Can paternity rights be established if the parents are not married?

Yes, paternity can be legally declared even if the parents are not married. A father may acknowledge paternity at the civil registry office or through a judicial proceeding.

3. Can a father be denied access to his child?

In extraordinary circumstances, such as evidence of abuse or serious neglect, a father can be denied access. However, this decision is made by courts and is always based on the child’s wellbeing.

4. Can grandparents have legal rights to a child?

In certain situations, grandparents may apply to the court for contact rights with their grandchild. This is generally granted unless it is found to be detrimental to the child's welfare.

5. Can fathers obtain shared custody of a child?

Yes, shared custody is allowed if it is in the best interest of the child. It allows both parents to have an equal role in the child's upbringing.

6. Can a father's parental rights be terminated?

Only a court can terminate a father's parental rights, usually in severe cases where the father may pose a risk to the child's wellbeing.

7. Can a father prevent the mother from relocating with the child?

If a mother wishes to relocate with the child, potentially limiting the father's access, the father can challenge this decision in court.

8. How does the court determine the best interest of the child?

The court considers different factors including the child's age, emotional ties with the parents, the parents' health and ability to provide care, and any history of domestic violence or child abuse.

9. Is child support mandatory in Poland?

Yes, both parents have a legal obligation to support their child. The amount depends on the child's needs and the financial capacity of both parents.

10. What can a father do if the mother violates a custody agreement?

If the mother violates a custody agreement, the father can report this to the court. Penalties can be imposed on parents who fail to comply with the court's order.

Additional Resources

The Ministry of Justice in Poland provides online resources and legal information for fathers rights and family law issues. The Citizen's Advice Bureau also offers free, confidential advice on a range of legal issues, including family matters. In Wroclaw, there are several legal aid services available that provide free or low-cost consultation and representation.

Next Steps

If you are a father in Bielany Wroclawskie seeking legal advice on your rights, you should consider consulting with an experienced family law attorney. They can provide expert advice tailored to your situation and guide you through the legal processes involved. You may also want to gather any documents relevant to your case, such as birth certificates, marriage or divorce certificates, and any existing custody agreements.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.