The lawyer describes the circumstances of the case, makes the normative and legal reasoning, analyzes the court practice and writes the claim about the challenge of parenthood. If necessary, a petition for the court to order a forensic genetic examination for the establishment of parenthood and other legal requests are prepared.
The lawyer and the client verify that there are exemptions from the court fee. The lawyer, by agreement with the client, sends the generated receipt for payment of the court fee to the bank, or sends the electronic form for payment of the court fee online. After payment, the client sends a receipt to the lawyer for payment.
The lawyer files a lawsuit and represents the client in court to challenge the parent.
On the basis of the court’s decision to establish paternity (maternity), the lawyer applies to the civil registry office for the birth, namely, for the exclusion from the birth certificate.
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Situations when a father, who is not his biological relative, is recorded in the child's certificate are far from rare. Even if we do not take into account the moral and ethical side, the picture is ambiguous. After all, together with legal parentage, a man receives a certain list of obligations towards a child. And not always, having learned about the lack of kinship, he is able to faithfully fulfill them in the future. Situations with a lack of kinship between the child and the mother are less common. This happens because of a careless attitude towards the work of maternity hospital workers. In both cases, the law provides for the possibility of disputing paternity and maternity.
According to the legislation, the parents of the child are considered to be the persons entered in the birth certificate. Usually, the mother is entered on the basis of medical documents, and the father on the words of the wife (provided that the marriage is registered). There is no statute of limitations when disputing paternity. You can start the procedure immediately after the birth of the child. Of course, when the child reaches the age of majority, the process loses its meaning, so lawsuits are not accepted. A statement of claim when disputing paternity is filed at the place of registration of the mother. All documents confirming the fact of the absence of kinship must be added to it. These are usually the results of a genetic examination.
It is not always the husband who files the paternity dispute case. Sometimes the circumstances are such that the woman wants to restore justice and indicate the real father of the child. Do other descendants want to establish the truth.
In this way, the following can initiate a paternity dispute case:
Help! The mother can file an application to dispute paternity, but only on the condition that the real father is willing to undertake the obligation voluntarily. The process can be initiated within a year from the birth of the child.
Not able to dispute paternity:
The grounds and procedure for disputing paternity are more clear and transparent. While motherhood is a very delicate situation that requires a careful and tactful approach. If a woman who pretends to be a real mother appears in the life of the family, everyone, especially the child, gets into a stressful situation. Therefore, the law provides for a limitation of the term of appeal to the court. From the moment a woman learns that her child is being raised by another family, she has a year to challenge it. In the future, applications remain without consideration. In any case, disputes are considered in a special manner, taking into account all the circumstances and nuances. Therefore, it is important to have a good lawyer who is able to protect the client's interests and achieve the desired decision for him.
Advantages of contacting a lawyer on children's issues:
When submitting an application, the plaintiff must pay a court fee in the amount of UAH 1,073. But without the services of a qualified lawyer, it is quite difficult to win such cases. Therefore, when calculating costs, it is worth adding a specialist's fee. The services of a lawyer are not just about drafting a lawsuit and attending meetings. This is a big job, which includes detailed consultations, attempts at pretrial settlement, and the search and interview of witnesses. The success of the case depends on the lawyer's qualifications.
