Paternity, it turns out, is not always a voluntary and easy matter, sometimes it requires evidence that must be taken in court. Establishing paternity is legal action and the collection of evidence, the preparation of inquiries and similar actions in order to establish paternity.
Why is it necessary to establish paternity in a court of law? This is necessary when relations between the mother and father of the child are not officially formalized, that is, their marriage is not registered.
Also, paternity must be established in the case when the authorities that take care of the child refuse to establish the identity of the father of the child simply at the request of the father himself. This is in the case when the mother is recognized as incapable or she was deprived of parental rights and other cases of the absence of the mother.
Establishing paternity through the court is also possible in that case. when the child's mother does not want to file an application with the father to the administrative authorities. to establish paternity.
The procedure for establishing paternity in the courtroom in the most frequent cases occurs at the request of the mother. But the court of Ukraine, which operates on the basis of the family code, provides that fathers and other persons who are interested in such a procedure can submit an application for establishing paternity. These may be persons who take care of the child or those citizens who are currently dependent on the child. With such a statement, the child himself can apply to the court if he is eighteen years old.
There is no statute of limitations for such claims.
Along with the consideration of the paternity case, they usually consider the case on the payment of alimony.
This is inexplicable, but there may be situations in life when fathers do not voluntarily acknowledge their paternity. They need to be motivated to do so. Especially when a child is born out of wedlock and the father refuses to take part in his registration with the registry office. But the law, which is on the side of the new life, allows paternity to be recognized in court. To do this, the mother submits an application to the court. Usually, the mother of the child applies to the court with such a statement. But if the father is ready to acknowledge paternity, and the mother refuses to file an application with him to the registry office for recognition of paternity, then the father can also file a lawsuit in court to be recognized as the father. With such a requirement, the person who guards the child, finances him, can apply to the judicial authorities, or this can be done independently by an adult child.
The alleged father of the child is in the interest of finding out who the father is. This interest is guaranteed by the legal right of the child. In such a court case, the defendant will still be a citizen who could potentially be the father of the child. Such alleged father may be a minor citizen or a person who is incompetent. In such cases, the persons who guard them are responsible for the actions of incapacitated citizens. They also protect their interests in the courtroom. It is assumed that the father, who is under the age of minority and can independently be responsible for his actions in court, so the participation of his guardians in court is not necessary.
To prove that a citizen is the father of a child, any evidence can be taken. When looking for such evidence, you can use all your imagination. Evidence can be photographs, diaries, letters, checks, documents of an official level. Although they are indirect evidence and do not confirm one hundred percent paternity. The father may at the last minute begin to deny that he is the father of the child, and he found out only recently, although he had previously acknowledged his paternity. In this case, during the trial, you can use the testimony of witnesses. But such testimony is not a reliable source, since witnesses can be combined into two camps. One of them may be on the side of the father, and the other on the side of the mother. In this case, the human factor plays a role, so they will present facts with a distortion of reality in favor of one of the interested parties.
In some cases, when there is not enough evidence, the court may order a medical examination. An examination that uses a blood test is not reliable and is rarely used in court, but it happens. Of significant importance may be the determination of whether the defendant can be a father according to his physiological parameters.
But the most reliable test is genetic fingerprinting.
You can also challenge your paternity in court, but this is harder to do than acknowledge paternity. But, if you contact a lawyer. Who has experience in such matters, then everything is possible.
Disputing paternity is a legal act whereby a father gives up his child.
This is hard to argue and almost impossible if a child is born to parents who are married and live together.
Two situations may arise.
In the first of them, the father does not want to take care of the child, although he lives with his mother, but believes that he is not biologically the father. The only way out for him from this situation is to file a lawsuit in court. But this is a very delicate matter, so legal support for such a situation is desirable. A father who wants to waive his rights to a child must provide the court with documents that confirm that he did not know that there was no family relationship between him and the child or proof that he is not the biological father of the born child, because at the moment conception, he was not in an intimate relationship with his mother.
Gathering evidence in a paternity dispute is going to take a lot of effort. The cost of genetic analysis is not worth it to undertake in such a case. In this case, it is more profitable to recognize the child as your own.
In the case of renunciation of paternity, one must be aware of the limitations that exist in such cases. One of them is the restriction on filing a waiver of paternity. It can be submitted before the child reaches the age of majority. And if the child died, then paternity cannot be challenged at all.
Stay fathers and be happy!
