Publication date: 06.06.2024
Лоер
Disputing paternity or maternity of a person who pays alimony according to a court decision.
Disputing paternity or maternity is a complex legal process that can have a significant impact on all parties involved in the process. This procedure becomes especially relevant for persons who pay alimony according to a court decision, but have doubts about their biological relationship with the child. In this article, we will consider the main aspects of disputing paternity and maternity, the grounds, procedure, and cost of this procedure.
Grounds for disputing paternity or maternity
The main reasons for disputing paternity or maternity can be:
Genetic examination: The presence of DNA test results that indicate the absence of a biological connection between the child and the person considered to be his or her father or mother.
Documentary evidence: Documents confirming that the person could not be the father or mother of the child at the time of its conception (for example, was in another country).
Testimony of witnesses: Testimony of persons who can confirm circumstances that exclude paternity or maternity.
The procedure for disputing paternity or maternity
The procedure for disputing paternity or maternity includes several stages:
Collection of evidence: Preparation of all the necessary evidence that confirms the absence of a biological connection between the person and the child.
Filing a statement of claim: Drafting and submitting a statement of claim on disputing paternity to the court. A statement of claim on disputing paternity must contain a clear statement of the circumstances of the case and evidence.
Trial: The court considers the statement of claim, analyzes the presented evidence and hears the parties.Examination conclusion: If necessary, the court may order a genetic examination to determine biological paternity or maternity.
Making a decision: After analyzing all the evidence and conclusions of the examination, the court makes a decision regarding the paternity or maternity dispute.
A statement of claim on disputing paternity
The statement of claim on disputing paternity must contain the following information:
Name of the court: The full name of the court to which the application is submitted.
Information about the plaintiff and the defendant: Full names, addresses and contact details of the parties.
Circumstances of the case: A detailed description of the circumstances that led to the paternity or maternity dispute.
Evidence: A list of all the evidence that confirms the absence of a biological connection between the claimant and the child.
Request to the court: A clear formulation of the claimant's requirements regarding the recognition of the invalidity of paternity or maternity.
Disputed paternity price
The cost of the paternity dispute procedure may include:
Court costs: Payment of state duty for filing a claim.
Cost of genetic examination: Depending on the laboratory and the complexity of the study.
Legal services: Payment for the services of a lawyer or a law firm representing the plaintiff's interests in court.
Challenging motherhood
Disputing maternity is a less common but possible process. It can be initiated in cases where there is evidence of a lack of biological connection between the mother and the child or in cases of substitution of the child in the maternity hospital.
Conclusion
Disputing paternity or maternity is a complex and important process that requires careful preparation and the availability of sufficient evidence. Correct filing of a claim and compliance with the procedure will ensure a fair trial in court. If you are in doubt about your paternity or maternity and are paying child support as ordered by the court, it is important to contact an experienced attorney for advice and legal assistance.
disputing paternity and maternity, price, grounds and procedure for disputing paternity.
