Best Child Visitation Lawyers in Gdańsk

About Child Visitation Law in Gdańsk, Poland

Child visitation law in Gdańsk, Poland is primarily governed by the Polish Family and Guardianship Code. The law places primary emphasis on the welfare of the child. The non-custodial parent has the right to maintain contact with the child, unless it is determined to be against the child's best interests. Moreover, the parents, despite their separation, are encouraged to take agreeable decisions that allow both parents to have appropriate contact with the child.

Why You May Need a Lawyer

Professional legal advice is often needed in cases of child visitation for various reasons. If parents are unable to reach a mutual agreement regarding visitation rights, a lawyer can provide the necessary guidance to establish a court-ordered schedule. They can represent you in court and legally protect your interests. Moreover, when situations change, a lawyer can aid in modifying the visitation order. Also, if the other parent refuses to comply with the agreed schedule, a lawyer can help enforce the visitation rights.

Local Laws Overview

Under the Family and Guardianship Code in Poland, both parents are required to care for the personality development and future of their child, including maintaining personal relations. The court decides on the matter of custody and visitation, basing its judgment solely on the child's best interests. The non-custodial parent retains the right to spend time with the child, unless it could negatively impact the child's well-being. If parents are unable to agree on a schedule, the court may intervene and determine a specific routine.

Frequently Asked Questions

Can the non-custodial parent be denied visitation rights?

No, visitation rights are generally not denied unless it is proven that the child's well-being may be adversely affected by the non-custodial parent's influence or presence. This must be determined by the court.

Is it possible to modify a visitation schedule?

Yes, a visitation schedule can be modified if there is a significant change in circumstances and it's in the best interest of the child. You may need to petition the court for this change, and a lawyer can assist in this process.

What can I do if the other parent is not complying with visitation schedule?

If the other parent is not abiding by the visitation schedule, you can approach the court to enforce the visitation order. Consulting a lawyer would be beneficial to understand your rights and options in this situation.

How are the child's wishes considered in visitation decisions?

In Poland, the child’s opinion is taken into consideration during visitation-related decisions, particularly for children who are 10 or older. However, their opinion is just one factor in the court’s decision, always prioritizing the child’s best interests.

Are grandparents allowed visitation rights?

Yes, under Polish law, grandparents do have the right to maintain contact with their grandchildren. However, this is usually defined within the context of the parent's visitation and custodial rights.

Additional Resources

Local non-government organizations such as the Foundation for Children's Rights and the Nobody's Children Foundation can be valuable resources. Legal advice may be obtained from organizations like the Polish Association of Legal Intervention. Additionally, local family courts and child welfare services may provide relevant assistance and resources.

Next Steps

If you need legal assistance with child visitation, the first step would be to consult with a legal professional well-versed in family law. They can help to understand and navigate the complexities of child visitation rights in Gdańsk, Poland. Remember to gather all related documents and evidence pertaining to the case before your consultation. Cooperate with them fully, providing all necessary details to ensure effective representation and protection of your rights.