The purpose of this article is, first of all, to answer the question of how the court determines parental authority in divorce judgments in comparison with judgments separating. It was also analyzed whether the court, in divorce matters and in matters relating to separation, duly and thoroughly carries out evidence proceed-ings, using all available and adequate evidence in a given case. This article contains theoretical considerations regarding parental authority in Polish family law. In addition, the article analyzes the author’s own research – the files concerning cases in which the Court settled the parental authority of divorced parents and spouses separated.