Oddly enough, not all men are affected by parental instinct. Moreover, in life, quite often there are situations when doubts about biological paternity do not appear in an empty place. In most cases, this leads to legal proceedings where evidence of adultery is considered. Besides, contesting paternity affects matters of property and inheritance.
The essence of the challenge
The legal aspect of the issue is that the father of the child is considered to be the person whose name is indicated in the relevant documents on the birth of the child. Such information is usually made with the initiative of the mother, which is the subject of a challenge in court. The Statute of limitations, in this case, does not have much weight. You can only challenge paternity after the birth of a child, but before the child reaches the age of majority.
How do I file a lawsuit?
If there is a need to challenge the record of paternity, then you need to file a claim at the place of residence of the defendant. The plaintiff must also attach documents to the claim that can prove the relevance of its claims. Judicial practice shows that the main argument is still the genetic examination of paternity. If the plaintiff dies before the court makes a decision, the case can be continued by his heirs.
Paternity cannot be disputed if, at the time of making the appropriate entry in the child’s documents, the man was aware of this and understood that he was not the child’s biological father. The same applies to men who have provided their biological material for artificial insemination. The child’s mother also has the right to challenge paternity. This is relevant only in cases when there is another man who is ready to take on the burden and joy of fatherhood. This can happen no later than a year after the birth of the child.
The challenge of motherhood
Quite difficult are situations when another woman appears in the life of the family, who claims to be the real mother of the child. The law specifies that no more than one year must pass after a woman has been informed of her motherhood to the child she considers her own. If a year has passed, then claims to challenge maternity cannot be satisfied in court. The claim will not be accepted by a woman who voluntarily agreed to bear a child from other people through the use of medical reproduction.
In any case, such claims always have their nuances, which only an experienced family lawyer can pay attention to and respond correctly. That is why you should not refuse its services. Kasyanenko & Partners Law Company specialists have helped many people achieve the necessary result in challenging both paternity and maternity.