Samples of paternity claims. What documents are needed to establish paternity

Father is important for every child. But in life there are situations when you have to prove your paternity, this is done only through the court. To prove the right to raise their own child, sometimes it is necessary to go even to extreme measures, that is, establish paternity. Of course, everything must be documented, which is why the verdict is passed by the court on the basis of reliable evidence. This article discusses not only samples of claims for establishing paternity, but also other important issues.

We will get acquainted with the main documents, without which it is impossible to correctly file a statement to the court, which means that the trial will not open.

What is the essence of establishing paternity

In family disputes , a question often arises that requires clarification of paternity; there are many laws in this regard. A child born in a married couple is automatically considered their joint child, but the situation is more complicated with those who live in a civilian barque. The establishment of paternity in court is in no way connected with the contest, therefore it is worth paying attention to the fact that these are completely different processes. When establishing a relationship between a man and a child, it turns out that the man is definitely a biological dad. A man who is not married to the mother of the child has the right to make a statement that he wants to establish his paternity, and the mother of the child herself has every right to write a statement to the court if she aims to prove that the man with whom she lived and is the father of her child. Such disputes are best resolved through the courts.

In what cases is paternity established?

Today, there are many situations where it is necessary to prove paternity. This is done for one purpose - to ensure the fulfillment of the duties of the father in relation to his child, as well as to determine the social status of the child.

1. A lawsuit to establish paternity is filed when the child's parents cohabit.
2. If the woman has a child outside the legal family.
3. When the mother of the child does not want to recognize the kinship between the father and the child, then the court may force an examination to take place.
   
4. When a man wants to prove that he has family ties with a child.
5. The death of the real father, in this case, the woman has the right to claim the inheritance.
6. Death, loss of the mother of the child, refusal of custody to establish the paternity of a man.

Laws that govern disputes of this nature

It is very important to carefully study the samples of statements of claim on the establishment of paternity, in different cases your statement is written, but the laws remain the same. Consider the basic laws, where there are articles on this subject:

1. First of all, this is the Family Code of the Russian Federation.
2. Tax code.
3. Acts of civil status.

In this dispute, a globally accepted document, the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, will be able to play its role.

How is paternity established?

To identify the fact of paternity, it is necessary to file a lawsuit on the establishment of paternity in court, and it does not matter whether it is voluntary or forced. Both mother and father of the child, guardians, and even the child himself can file a lawsuit when he turns eighteen.

No time is set for consideration of such cases. The evidence may include:

1. DNA analysis for paternity.
2. Evidence that parents lived together in marriage and had one common household.
3. A graphic or medical examination that allows you to determine the time of conception of a child.

There are times when a court forces you to establish paternity through psychological pressure. When a citizen, on the contrary, wants to exclude kinship with a child, he can also dispute this through the courts.

The main ways to prove the relationship of the child and the father

Paternity of a man is established after a special record, it is done with the birth of the baby in the book of acts. A father's application for establishing paternity is filed when the marriage was dissolved, and also officially recognized as invalid. If a woman has a child in an informal union, then paternity is established through the courts.

The procedure for establishing paternity

The procedure for identifying the relationship of father and child includes the following points:

1. The one who will be considered the plaintiff is determined, in this role not only the father can play, but also the mother of the child, as well as his guardians.
2. The correct statement of claim is drawn up in court, and all the necessary documents are still attached to it.
3. Correct statement of defense in court.
4. If the court is won by the party, then care should be taken to submit documents to the registry office for the registration of paternity.

What documents should be collected to file a claim?

Before filing a lawsuit, it is worth considering carefully what documents are needed to establish paternity. Documents must be attached to the claim, such as:

1. A copy of the statement, it is given to the defendant.
2. A receipt indicating that the state duty has been paid.
3. Documents that indicate that the appeal to the court is reasonable.

It is worth noting that the state fee must be paid before the lawsuit is filed. It is important to remember that filing a lawsuit in court cannot do without evidence of paternity.

The court will analyze each application separately, only after that the value of all evidence is determined and a final decision is made.

The statement of claim, a sample of its preparation

It is very important to remember that the application must be drawn up correctly, otherwise the court may not accept it. Let's consider in more detail how to make a lawsuit.

1. It will be necessary to indicate which court the application is submitted to, the district is also indicated.
2. The full name, first name, middle name of the person who submits the application, his place of residence is written.
3. The exact reason for which such an application is filed is detailed in what exactly the rights of the plaintiff are infringed upon.
4. The statement should list all circumstances that indicate that the rights of the plaintiff were indeed violated.
5. If there are attached documents, then some information about them is also indicated in the application.

Additionally, when writing a lawsuit, you can specify specific data, for example, the phone number or email of the plaintiff and defendant. If there is information that can further interest the court, then it is worth mentioning about it, you can still state the petition. Samples of claims for establishing paternity may in some cases differ from each other, but this mainly depends on the causes and situations, which will be examined in more detail in court.

The application should begin with a presentation of the person who submits it.

An example looks like this: “I, Anastasia Sergeyevna Ivanova, gave birth to Elena Petrovna, Ivanova’s daughter, whose father is the co-teacher directly. As soon as the daughter was born, the father refused to write an application for registration of the child, therefore he has not provided any financial assistance to raise his daughter. establish his paternity through examination. "

It is worth remembering that the application must be accompanied by all the necessary documents that were listed above.

Which court should you go to?

All cases of establishing paternity are considered by the general court, but the application is primarily submitted to the district court. The Magistrate's Court does not have the right to consider cases that relate to family law relations. As a rule, the application is filed with the court closest to the place of residence of the defendant. It cannot be ruled out that in some cases circumstances may play a role, so the rules may change slightly.

For example, the place where the defendant resides may simply not be found, in which case a court decision on the establishment of paternity will be made at the location of the defendant's property. Also, do not forget that the rights of the plaintiff should not be infringed, so the application may be filed at the place of residence of the applicant himself. The parties may also agree in advance to change the territorial jurisdiction of the case. In any case, the court that takes the case will have to consider it in the smallest details and render its verdict.

The undeniable fact of fatherhood

Filing a lawsuit, it is worth collecting all the necessary evidence. As an indisputable fact , a taken DNA analysis for paternity can serve.

You can also file the following documents with the court:

1. A letter from the plaintiff himself, where he recognizes the child.
2. Photos in which father and child are photographed together, even the signature on the photo can be taken into account.
3. Other facts that are prescribed by law.

What can DNA text give?

As a rule, it will be most correct to seek medical expertise, which will be able to establish the exact fact of the relationship between father and child. Such an examination is carried out in such cases:

1. If this is what the father of the baby wants.
2. If the court requires.

It should be noted that such an examination is paid. To pass the paternity test (the price varies from 12,000 rubles and above), you will have to prepare a tidy amount of money in advance.

But there are such cases when the examination is carried out at the expense of the budget:

1. When she is appointed by the court.
2. The plaintiff does not have that much money because of the poor financial situation. In this case, the examination is completely free of charge, or half-covered.

Parties can independently apply to the court with a request to conduct a paternity test. The examination price is divided in half between the defendant and the plaintiff. Most often, the examination is paid by the party that has filed a lawsuit.

Is it possible to establish paternity after the death of the father?

It is often required to establish the relationship between the child and the father after the alleged father died, and earlier he could not establish a relationship between him and the child. In this case, the court decision on the establishment of paternity is made in accordance with the procedural code. Be sure to provide rigorous evidence that the father during his lifetime recognized his child. If, for example, the inheritance is divided, then information about kinship and the opportunity to claim a share of the property are necessarily submitted.

Naturally, in this case, it is not possible to perform DNA analysis, but there are other things that can act as evidence. You can invite witnesses to court, provide photo or video materials, some other written documents. Samples of claims for establishing paternity in such cases will be completely different, because they will indicate a completely different reason. This may be the restoration of the child’s inheritance rights, the payment of alimony from the relatives of the father, and the receipt of a pension for the loss of the breadwinner. It is best to contact an experienced lawyer who can help you do everything right.

What does judicial practice show?

It is worth noting that cases of paternity are a frequent occurrence in court. Most often, claims are filed by mothers who wish to collect child support or want their child to be recognized as the heir along with other children. In judicial practice, it is considered a rare case when the father himself brings the lawsuit, but it should be noted that in this case all the requirements are usually satisfied. To even collect child support for a certain time, it is enough to establish a relationship between the child and the alleged father. Knowing how to properly submit documents to establish paternity, many controversial issues can be resolved. As you can see, knowledge of the law helps to solve many problems, then there will be a chance to do justice.

In judicial practice, there are many other situations, but the above are considered basic. Before you go to court in order to identify paternity, you must collect all the evidence that can play an important role in the decision. It is also recommended that you seek the help of an experienced lawyer who can help you resolve any issues that may arise in a legal way. The main thing in this business is the psychological attitude. If the relationship between the mother and father of the child is not very good, it is important to maintain a human face in any circumstances. Only in this case, peaceful relations remain, and all issues are resolved quickly.