Establishment of paternity (motherhood).
There are times when you need to legally prove your paternity or motherhood.
This is necessary to ensure the child's rights and responsibilities of the parent to him.
The establishment of paternity may be voluntary, but there are cases of a forced nature.
Such disputes are considered in court. A lawsuit may be filed by a minor child, father, mother and guardian.
To establish paternity, evidence in court will be needed. Such can be a DNA test, confirmation of marriage or the cohabitation of parents and housekeeping, or the existence of a marital relationship. Walruses will need an examination to determine the moment of conception of a child.
Establishing paternity in the case when the alleged father died, complicates the situation, since it is impossible to conduct DNA examinations or other biological studies. In this case, they use the testimonies of witnesses and third parties, as well as conduct an examination using video materials, photographs and other written or personal documents.
Challenging paternity (motherhood).
There are also cases when it is necessary to challenge paternity. The father will need to prove to the court the absence of consanguinity, and also that he did not know that he was not the father at the time of the recording.
If the man knew that he was not a father and agreed to be recorded as such, then he does not have the right to challenge paternity.
Paternity can be challenged from the birth of a child until his eighteenth birthday and becomes impossible in the event of his death.
Such disputes are also considered in court, and if the dispute is satisfied, the court excludes the record of him as a father from the act record.
Challenging and establishing paternity or motherhood has many different nuances in each individual case, so it is advisable to discuss these issues with a lawyer and find out possible solutions to the situation.
Deprivation of parental rights of father or mother.
Parents must take care of their child, their health and development, and ensure a decent quality of life.
Reasons for deprivation of parental rights?
If you refuse to pick up the child from the maternity hospital or other medical, social, educational institution, without good reason, as well as absolutely passive attitude to him for 6 months.
In the case of systematic evasion of participation in the process of raising a child.
Cruelty to a child, physical or mental abuse of him, as well as humiliation of his human dignity.
Alcohol or drug addiction of the parent.
Exploitation of a child and coercion of him to vagrancy, begging or prostitution, as well as to excessive labor or participation in criminal offenses.
If the parent has been convicted of an intentional crime against his own child.
Deprivation of parental rights occurs exclusively in court. A representative of the Guardianship and Trusteeship Authority is necessarily involved in the trial.
You can apply to the court with a claim for the deprivation of parental rights:
one of the parents;
child guardian;
family member living with a child;
any institution in which a minor child resides;
a guardianship and trusteeship body protecting children’s rights;
the prosecutor;
directly the child who has reached the age of 14.
The consequences of the deprivation of parental rights.
A parent who has been deprived of parental rights cannot take part in education, represent his interests, use state benefits for a child, apply for property rights, etc.
Moreover, the deprivation of parental rights does not exempt the parent from paying him alimony and other expenses for the maintenance of the child.
Parents deprived of parental rights can go to court to renew their parental rights if the child is not adopted and has not reached the age of majority.
What are the consequences of challenging paternity and depriving parents of their rights?
Deprivation of parental rights and contesting paternity have different consequences that must be understood.
If paternity is disputed after a court decision is made, the father will be completely excluded from the birth record of the child.
The mother will automatically become a single mother and may receive benefits for the maintenance of the child, but she can no longer claim child support.
A child does not have the right to claim an inheritance after the death of his father.
It is impossible to restore disputed paternity.
In case of deprivation of parental rights, the father remains his father, but cannot take parental part in the life and upbringing of the child.
The father continues to pay child support and participate in additional expenses for the maintenance of the child.
A child has the right to inherit after the death of his father.
A father can restore his parental rights in the event of a change in his behavior and attitude to life.
Challenging parental rights.
Establishment of paternity (motherhood).
There are times when you need to legally prove your paternity or motherhood.
This is necessary to ensure that the child has the rights and responsibilities of the parent before
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