Since my separation from the mother of my four-year-old daughter, I have sometimes felt helpless. I have always wanted to be involved in making decisions about her education, but the mother does not consider my opinion important. Do I have any rights in this matter?
Child custody is regulated by Section 6 of the Law on Guardianship of Minors from 1964. Custody means that you have the obligation to support and provide proper care for the child, as well as the right to make decisions regarding their education, health, and general well-being. Regardless of whether the child’s mother is married or not, she automatically has the right to custody of the child.
However, in the recent past, certain changes have been introduced in the law that concern unmarried fathers. According to the Law on Family Relations and Children from 2015, fathers who have lived with the child’s mother for a year, including three months after the child’s birth, have automatic custody rights over their child. This means that you automatically have custody of your daughter and the right to make decisions regarding her education.
If the mother of the child does not allow you to visit your daughter regularly, you can apply to the District Court for an order that allows you to have visitation rights. Before filing the application, it is worth trying to reach an agreement with the mother on this matter. Mediation can be valuable in this regard, involving a meeting with an independent mediator, both jointly and separately, to find a resolution.
If mediation does not yield results and it is necessary to file an application to the court, the court’s main interest will be the child’s well-being. The court usually believes that it is best for the child to have a relationship with both parents. It is important that you pay child support to the mother of your child. Parents have a legal obligation to support their dependent children. If divorced parents cannot reach an agreement on the amount of child support, it is possible to file an application with the District Court.
The court will want both parties to disclose their financial situations and then make a decision regarding the amount of child support. Again, this is something that could potentially be agreed upon through mediation.
In general, it is always better to try to reach agreements regarding the child with the mother. As mentioned earlier, mediation can assist with this. Only resort to court as a last resort when all other attempts to reach an agreement have failed. After a separation, tensions often arise, but with time, a common, friendly way of raising the child can be found, which is in their best interest. Good luck in the future.
Legal provisions regarding child custody:
Custody of children is regulated by Section 6 of the Law on Guardianship of Minors from 1964. Custody means that you have the obligation to support and provide proper care for the child, as well as the right to make decisions regarding their education, health, and well-being.
Rights of unmarried fathers:
According to the Law on Family Relations and Children from 2015, fathers who have lived with the child’s mother for a year, including three months after the child’s birth, have automatic custody rights over their child. This means that you have custody of your daughter and the right to make decisions regarding her education.
Applying for visitation rights:
If the mother of the child does not allow you to visit your daughter regularly, you can apply to the District Court for an order that allows visitation rights. Before filing the application, it is worth trying to reach an agreement with the mother through mediation.
Child support:
Paying child support to the mother of your child is important. Parents have a legal obligation to support their dependent children. If an agreement cannot be reached regarding the amount of child support, it is possible to file an application with the District Court. The court will take into account the financial situations of both parties and make a decision regarding the amount of child support.
Resolution through mediation:
It is always better to try to reach agreements with the child’s mother through mediation. Only resort to court as a last resort when other attempts have failed. After a separation, a common, friendly way of raising the child can sometimes be found, which is in their best interest.
Suggested references for further information:
gov.pl/rodzina
poradyobywatelskie.gov.pl