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A non eu national married to a Polish woman - the custody of the little boy.

maverickminded2 1 | -
27 May 2013 #1
I don't really know how to start.But let me start typing as the words are coming to my mind.
I am a non eu national married to a polish woman.We have a son and live together in poland.
Ever since my wife delivered the baby boy at her parents house,it was actually our plan together for her to deliver the baby there,1st it's our 1st child and also 1st grandchild to her parents.So we decide she deliver the baby there so that they could assist in taking care of the baby boy.That was about 3 years ago.She moved in there from where we were living to her parents place.We thought it'd would only be for a very short time like few months and then we can can move out of poland and start a new live somewhere in eu.Since then,she never wanted to move out of there even after a lot of persuasion.

Ever since then our marriage has hit the rock with a lot of trouble.I was forced to moved in there when I applied for karta pobytu and the decison got delayed for more than 6 months and then I got a decision for a card for 6 months.The reason from the urzad was that since I didn't live with my wife as at the time I applied and waiting for the decision,they the urzad people didn't believe in our marriage/relationship.So I had to move in with her at her parents so that I would not be getting six six months residence card.With a lot of trouble rising.

To court my story short,my wife has been threatening me with divorce and then she will take the full custody of the baby boy,even she threats that she will change the name and nothing I can do.Of course my name is on all the docs for the little boy.even I had to sign when we applied for a passport for him.

My question is what is my right in poland pertaining to the custody of the little boy?if we go on and file for a divorce,would I have any right to remain here in poland for the sake of my boy?And also still waiting to apply for my permanent residence card here in poland,if we file for divorce before applying for the permanent residence card will the card be granted eventhough we have already filed for a divorce?

Pertaining to the financing of the family,I appreciate that her parents don't take any rent from us and love my boy very much.But I do give them money from time to time.Although not a fixed amount but depends on the cash I'm having at any given moment.I'll go through hell of a time if I don't give money on time.It's unimaginable the kind of ill treatment and isolation I'd get if I fail to produce money on time,eventhough when I wasn't working.But had good savings.And all the money I used to give was in cash to the mother-in-law and my wife so no record.But since the beginning of this year I have stopped giving cash but bank transfer to my wife's bank account.Nevertheless I still give some cash whenever we are at home.

Of course it's not very important how I give money because I never thought bad of my wife and her parents that they could use anything against me. But since the threats have been mounting up anytime we have a little argument I decided to be paying the money I give in her in her bank account.

Apart of giving money,I still do buy things for my boy and my wife and all the family whenever I see something nice in shop or online and depends on how much I have at the give period.

But all the threats about divorce and custody and residence card have made me start thinking otherwise.And that's what really brings me here because I have nobody to really talk to about this and moreso we live in a small town and I won't like to be seen going to a lawyer/counselling office.


DominicB - | 2,707
27 May 2013 #2

The ONLY mature advice that you can receive here is to consult a lawyer. Nothing of value can be added by anyone here.
24 Apr 2017 #3

Need to know which are the top custody lawyers/firms in Poland

Like the title says...I'd like to know who is the top family lawyer that specializes in child custody/International child custody law in Poland.

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