Today, it is not uncommon for a child to be born out of wedlock. In order to establish paternity there are two ways - voluntary and compulsory, carried out in court. In this article, we will talk about how to recognize and formalize paternity outside of marriage.
Recognition of extramarital paternity
Parents live a civil family
Civil marriage is no surprise. This is a full-fledged cell of society, however, without a "stamp in the passport." That's only if a child is born in such a family, both parents will need to write a statement in the registry office in order to establish paternity. But this is not difficult and not long. The choice of the name of the child born out of wedlock will depend on both parents - as they decide, so it will be.
The father refuses to voluntarily recognize his child
In this case, the mother or the child, if he is of age, have the right to file a claim with the court on the recognition of paternity. Very often, along with such a claim, a statement is made demanding that the father pay alimony. But it is worth knowing that alimony will be recovered from the moment when the court makes a positive decision about them. For the previous life of the child, the father will not pay anything. It should also be remembered that alimony will be calculated only from the official salary of the father. Thoroughly weigh this step in order not to be in a situation where in the future you are going to deprive the "forced" dad of parental rights for evading payment of alimony.
You also need to understand that having established paternity is compulsory, you will not force this man to love his child, but to add to the child problems in the future - easily. After all, the father can get lost, and the child, for example, to go abroad, will have to look for him in order to take permission to leave. Therefore, think carefully about all possible consequences.
Mom, who submits this suit, it will be necessary to collect all possible evidence that will help to confirm in court that he was right. It can be neighbors, colleagues, acquaintances - all those who can say that you lived together and led a common "economy".
The birth of a child is not from a spouse, but from another man
It looks like a plot of modern serials? But it happens in our lives and this. By law, if a woman lives in a registered marriage, her spouse will automatically be registered as the father of the child. In the event of a divorce within 300 days thereafter, the child will also be registered with the former spouse. To arrange all the points above the "i" it is necessary to conduct a procedure for challenging paternity. To do this, it is necessary to file an application with the spouse and mother, or the real father and mother, with the registry office.
Father's desire to establish paternity
The mother is deprived of parental rights or recognized as legally incompetent - in that case, in order to establish paternity, the father can himself file a statement of claim to the court, if earlier he had already tried to do this through the registry office, but was refused from the guardianship and trusteeship bodies. It is also worth mentioning that not only one of the parents, but also other relatives can file such a statement, and also as the child himself was said earlier, if he is of age.
The rights of the father to an illegitimate child
The rights of the father voluntarily recognized paternity, or established in a judicial procedure exactly the same as that of the mother, or rather:
- child education;
- choice of educational institution;
- protection of life, health and dignity.
If the parents do not live together, the father has the right to see and
If desired, the father can live with the child. But in this case, the court will have to prove that changing the place of residence of the child is necessary and with the father it will be better, safer, more comfortable.
Having rights to the child, do not forget also about the duties that the father will have to fulfill. Care and development - this is only a small part of what is necessary to give a little man.