Shared / Alternating Custody — Legal Assistance in Poznań
Shared custody (opieka naprzemienna) is an arrangement in which a child lives alternately with each parent — most commonly on a weekly or fortnightly basis. For many families after separation, it is the best possible outcome: the child maintains a full relationship with both parents, and neither becomes the “weekend parent.”
It is not, however, the right arrangement for every family. It requires specific conditions to be met — and it is worth understanding those conditions before going to court.
Tel.: +48 531 335 713 | kancelaria@prawnikodrozwodu.pl
What Is Shared Custody Under Polish Law?
Shared custody has no separate statutory definition in Polish law. It derives from the general provisions on parental authority and contact — Art. 58 § 1a of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy, k.r.o.) in divorce proceedings, Art. 107 k.r.o. for unmarried parents who separate, and Art. 113 k.r.o. on child contact. The court may order it where it is in the child’s best interests and where the conditions on both sides support it.
In practice it means the child lives alternately with each parent — most commonly on weekly or fortnightly cycles, though other arrangements are possible. Both parents exercise full parental authority and are actively involved in the child’s daily upbringing.
When Will a Court Order Shared Custody?
Courts in Poznań — and across Poland — are increasingly open to ordering shared custody, but they apply specific requirements. From our experience at the firm, four factors are decisive.
Ability to cooperate. Shared custody requires parents to be able to communicate about the child — their health, schooling and everyday needs. They do not need to like each other or be friends. They do need to be able to separate their personal conflict from their child’s affairs. If every conversation ends in an argument, the court will conclude that this model will harm the child more than it helps.
Distance between homes. The child must be able to attend the same school or nursery regardless of which parent they are currently staying with. Where the parents live in different towns, weekly shared custody is practically impossible.
Living conditions. Each parent must have adequate conditions to accommodate the child — their own place to sleep, space to do homework, daily stability.
The child’s welfare and age. Shared custody works best for children who have reached a degree of emotional maturity — who can function in two homes without excessive stress. Courts approach it more cautiously with very young children (under three or four years old), though this is not an absolute rule. Where a child has turned 13, the court hears their view (Art. 576¹ of the Code of Civil Procedure, Kodeks postępowania cywilnego, k.p.c.).
What Does a Typical Schedule Look Like?
The most commonly used model is weekly shared custody — the child spends one week with one parent, the next week with the other. The changeover typically takes place on Friday after school or on Monday morning at drop-off.
Other arrangements are also possible — fortnightly cycles, a 2-2-3 schedule (two days with one parent, two with the other, three with the first, alternating), or monthly rotation. The choice depends on the child’s age, the parents’ work schedules and local practicalities.
It is also worth regulating public holidays and school holidays in detail — these are most commonly alternated or divided equally. A well-drafted parenting plan should address all of these situations explicitly, leaving no room for future conflict.
Shared Custody and Maintenance
This is one of the most frequently asked questions. The answer is not straightforward — it depends on the specific financial circumstances of the parents.
Where both parents have similar incomes and bear comparable costs during their respective periods of care, the court may decide not to award maintenance between them — on the basis that each parent is meeting their maintenance obligation directly. The child is supported by both parents in proportion to the time spent with each.
Where the parents’ incomes differ significantly, the court may award maintenance from the higher-earning parent — so that the child enjoys a comparable standard of living in both homes. The absence of maintenance in shared custody arrangements is therefore not automatic — each case is assessed individually.
Shared Custody and the 800+ Child Benefit
Where shared custody is formally established by a court order or approved parenting plan, the 800+ child benefit (świadczenie wychowawcze) is split equally between the parents — each receiving 400 PLN per month. This requires a formal court order or court-approved parenting plan. Informal arrangements between parents are not sufficient.
By Agreement or By Court Order?
Shared custody can be established in two ways.
Parenting plan — the parents agree the terms of shared custody themselves and present them to the court in a parenting plan (porozumienie rodzicielskie) (Art. 58 § 1a k.r.o.). The court approves the plan if it is consistent with the child’s best interests. This is a significantly better outcome than a contested judgment — faster, less stressful and more flexible. The parents shape a model that fits their lives.
Court judgment — where the parents cannot reach agreement, the court decides. On the basis of the evidence gathered, and sometimes following an assessment by the Court Expert Assessment Team (Opiniodawczy Zespół Sądowych Specjalistów, OZSS) and the hearing of the child, the court determines whether shared custody is in the child’s interests. It is worth knowing that the court may order shared custody even against the wishes of one parent, if it concludes that doing so serves the child’s welfare.
When Shared Custody Is Not the Right Solution
Shared custody does not work everywhere — and it is worth saying this plainly.
Where there is a deep, unresolvable conflict between the parents that spills over into their relationship with the child, frequent changes of home may intensify the child’s stress rather than reduce it. A child caught in a parental conflict suffers twice over when they must cross the front line every week.
Where one parent is dealing with serious problems — addiction, mental illness, impaired parenting capacity — shared custody may pose a risk to the child’s safety.
Where the parents live too far apart for the child to attend the same school, the logistics make the model impossible.
Where the child themselves expresses strong and reasoned objection, the court will take this into account.
Should You Have a Lawyer When Establishing Shared Custody?
Shared custody is one of those areas where detail matters enormously. A well-constructed parenting plan or a precise court order eliminates the majority of future conflicts. Imprecise arrangements — about who collects the child at changeover, what happens when the child is ill, how school holidays are handled, who decides on travel abroad — become the source of further litigation.
A lawyer helps negotiate an agreement that is both realistic and detailed. They also assist in contested situations — where one parent is seeking shared custody and the other objects — by preparing the arguments and evidence for court proceedings.
Preparation for any OZSS assessment is also important. The psychologists’ opinion is critical in these cases — and it is worth understanding what the assessment involves and what it covers before you go through it.
Preparing for Your First Consultation
The first consultation costs 400 PLN and lasts 60–90 minutes. Before the meeting it helps to think through a few practical matters: where you live in relation to the other parent and the child’s school, what your working pattern looks like and your capacity for day-to-day care, how you assess the ability to cooperate with your former partner on matters concerning the child, and how the child themselves is responding to the prospect of change.
If there is already a court order concerning custody or contact, bring it. If divorce proceedings or contact proceedings are under way, bring any court documents you have.
At the meeting we will tell you plainly whether shared custody is realistic in your situation, which route is most likely to achieve it and what to expect during the proceedings.
Frequently Asked Questions
Can the court order shared custody against one parent’s wishes? Yes. The court rules in accordance with the child’s best interests, not the parties’ positions. If it concludes that shared custody serves the child, it may order it despite one parent’s objection. The practical conditions must be met, however — proximity of the parents’ homes is the most important.
Does shared custody mean no maintenance? Not necessarily. Where the parents’ incomes are similar and both bear comparable costs, the court may not award maintenance. Where incomes differ significantly, maintenance may be ordered from the higher-earning parent. Every situation is assessed individually.
Is shared custody possible with a very young child? It is possible, but courts approach it more cautiously with very small children. It is more commonly ordered for children above three or four years of age. There is no fixed age threshold, however — the assessment of the specific child and their needs is what matters.
What if one parent wants to change the shared custody arrangement? Any change requires demonstrating a material change in circumstances — a move, a change in employment, a health issue, a change in the child’s needs. Simply stating that the arrangement no longer works is not sufficient.
Does an informal shared custody arrangement entitle a parent to the full 800+ benefit? No. The 800+ benefit is split equally only where shared custody has been formally established by court order or approved parenting plan. Informal arrangements between parents do not provide a basis for splitting the benefit.
Contact Us
We assist parents in establishing shared custody — both by agreement and through court proceedings. We practise in Poznań and across Greater Poland.
Kancelaria Prawa Rodzinnego Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca Prawny Joanna Jędrzejewska
ul. Mickiewicza 18a/3, 60-834 Poznań Tel.: +48 531 335 713 kancelaria@prawnikodrozwodu.pl | prawnikodrozwodu.pl
Office hours: Monday–Friday, 8:00–16:00 Consultations in person and online. First consultation: 400 PLN.
This page is for general informational purposes only and does not constitute legal advice. Legal information current as of January 2026.