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Child custody in Poland

The court decides what is best; no automatic rule

In Poland both parents have parental responsibility, and the divorce court decides whether to leave it with both or to give it to one.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what the law provides before a court looks at a particular family. A court decides what is best for the child in the case in front of it. Family law is reformed often, and a case with a foreign element is complex. This is general information, not legal advice.

If the parents are married

Both parents have parental responsibility over the child.

If the parents are not married

The official fact sheet does not say how the father's position is established; Polish law gives parental authority to both parents once the father's paternity is established, whether or not they are married.

The unmarried father, in one line: Both parents have it, married or not, once the father's paternity is established.

After a divorce or separation

The divorce judgment must decide parental responsibility. The official page gives no default. If the parents do not agree, the court can order joint exercise, or give exercise to one parent and limit the other to specific rights and duties. For parents who live apart, the court decides the child's place of residence.

What the child can say

The official fact sheet does not say when the child is heard.

Moving house or moving abroad with the child

The official fact sheet states no specific rule. Travel abroad is one of the matters a guardianship court can decide when the parents disagree.

If the parents live in different countries

Poland is a party to the 1980 Hague Child Abduction Convention, which lets a parent ask for a child wrongly taken to another country to be returned. It works only with countries that have accepted its accession, so check the other country on the treaty status table.

Within the EU, Regulation (EU) 2019/1111 (called Brussels IIb) decides which country's courts handle parental responsibility: in principle the courts of the country where the child habitually lives, and it speeds up the return of a child wrongly taken to another member state. Denmark does not take part in it.

Understand the legal system first

Poland belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the Poland legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Poland? →
Divorce rate and trend in Poland →

Official sources

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TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.