Establish paternity can be both in the registry office, and through the court. The first option provides that the spouses are in a registered marriage, then on the basis of a certificate of it, a record is made in the documents of the child, that is, the husband of the mother automatically recognizes the child's father.
If the marriage is not registered, how to establish paternity in this case will tell you an experienced family lawyer, but for now you should learn the nuances yourself to know what you need to be ready for.
The need to establish paternity in court can be in the hands of both the mother and the father. The woman most often wants to file for alimony, so that a person who does not want to support his child voluntarily does so in accordance with the law. Or the father who is not recognized officially died / died, and the child can claim an inheritance and a pension from the state.
The grounds for establishing paternity through the courts
A mother, father, guardian or guardian may submit the application for consideration, as well as the child, becoming an adult. Competent authorities will take matters into the proceedings in the following cases:
- The father does not recognize the child.
- The mother does not agree to the voluntary recognition of paternity.
- Father refuses to file a joint application.
- In case of death of the mother.
Required documents
In addition to the statement of claim drawn up in accordance with the requirements of the case, you must attach a birth certificate of the child, as well as all kinds of documents that can confirm the fact of paternity. It is best if DNA analysis can be carried out, although it costs a lot and it takes some time, as well as the consent of the alleged father of the child.
Examples of applications can be seen on the information stand in the courthouse. The blank form requires you to enter your details and indicate that the defendant does not want to recognize his paternity with respect to the child who was born when the man and woman lived together.
There are also facts in favor of the plaintiff: joint farming, participation in the upbringing of the child, including financial ones, as well as testimony of witnesses (neighbors, relatives).
Evidence base
Based on the child's medical record, DNA analysis and witness testimony, the court reviews the application. This procedure can be delayed. That is why the process of establishing paternity is rather difficult for both the plaintiff and the defendant. If the court has made a positive decision, then with this decision it is necessary to apply to the registry office, which will issue a new certificate of the birth of the child.
If a mother submitted a confession to paternity in order to force him to pay child support, then along with the statement of claim, you must immediately file a petition for the financial support of the child.
How to establish paternity in court, if the mother is against it?
There are situations when the mother categorically refuses to recognize the child's father officially. Perhaps she has already successfully married, being pregnant, and does not want to injure a child who grows up with a new father.
As evidence base, any written and oral statements of witnesses about cohabitation and management of a household during a certain period of time when a child was conceived will work.
Most often the court insists on carrying out a genetic examination, but the mother, as a rule, does not agree with this. So, the plaintiff can appeal to the court, as a proof of his rightness. The court quite often takes the side of the father of the child.