Establishment of paternity in court. Grounds for the recognition of paternity. Court cases on the recognition of paternity.

The establishment of paternity in the judicial system causes the product of a number of actions, including the process of proof for a particular case. Establishing facts of recognition of paternity is an uneasy and capacious process, which only specialists can do. Undoubtedly, the establishment of paternity in court entails the duty of the father for the maintenance and upbringing of the child, which is directly indicated by the norms of family relations.

It should be noted that not all men at the time of the birth of a child recognize it, and paternity is established in court. An even worse situation is observed in such a process as the establishment of paternity and the collection of alimony. Men do not recognize their paternity in some cases and shy away from it, moreover, they do not agree with the payment of money to the child, which is called alimony. This situation often leads to the fact that in order to establish the birth of a child from a certain man, it is necessary to establish the fact of recognition of paternity in court. This happens at the request of interested persons.

To the conditions of the necessary order for the judicial establishment, the legal fact under consideration , it is possible to classify various circumstances. First, it is an extramarital relationship between the parents, in the order registered by the law. Secondly, this is the absence of a joint statement of the spouses or the expression of the will of the father in writing about the establishment of paternity. Thirdly, this is the lack of consent of the authorized bodies to determine the relationship in the registry office at the request of the father, if the mother of the child has died or her capacity to work was inadequate. This is an exhaustive list of conditions necessary for such a process as the establishment of paternity in court.

As the jurisprudence shows, the fact of kinship is established by the claim of the mother of the child. A mother who has reached adulthood has the right to individually apply to the judicial authority with a statement on the determination of the fact of kinship from the age of 14 years. In addition, the law establishes the right to apply to the body in question and the father of the child. This statement can be made if the mother of the child does not want to give a joint statement to the registry office about the establishment of paternity, as well as in case of her death or recognition incompetent. The right of appeal to the judicial authority is not lost by the child's guardian. In practice, such persons include the closest relative environment of the baby, that is, grandfather and grandmother, nephews and aunts. It is not excluded, that in the circle of considered individuals can be attached absolutely extraneous to the child of the person. If he has come of age, he can also be a plaintiff.

It should be specially noted that the concept of limitation of actions does not extend to the type of cases under consideration. Proceeding from this, with the claim about the establishment of paternity, the subject of law can address at any time after the birth of a child. At the same time, it is necessary to clarify that if a child has reached adulthood, then resorting to a court to recognize the fact in question occurs according to his consent.

The cases on the determination of paternity are examined by the judicial body in the order of the proceedings. The child's father often acts as the respondent party, except in very rare cases in practice when the mother herself refuses to sign a general declaration of paternity. It should be noted that disputes of a judicial nature on the facts under consideration are classified as a complex category of cases. As a general rule, they are quite long and very difficult morally for all persons involved in the process.

Proceeding from the fact that during the proceedings on the establishment of paternity regarding a child who has a specific father, this person must necessarily be brought to the courtroom. This is done with the aim that in case of satisfaction of the statement of claim, the previous information about the father was eliminated from the registrar's records.