"It is not similar to me at all: eyes, hair, a nose, lips – in our sort such was not", - such thought for certain visits a certain number of men. When the relations in family are not got on, there is no understanding with the wife, and the matured son to become intolerable and rough, the man willy-nilly catches himself on a thought – "and whether mine he"? To define the child is yours or not now will not become a big problem - usual genetic examination will help with it. And here is how to be to mothers of those children whose fathers in every way try to avoid the responsibility?
It is required to you
- It is necessary to try and undergo not the most pleasant procedures a little:
- To submit the petition.
- To appoint and carry out genetic expertize.
- To establish paternity fact.
- To enter the right for inheritance.
Instruction
1. 1. There is no consent – the court will help. Situations when to have to establish paternity, are different. In the majority the woman is not married to father child, and besides he is not eager to go to the REGISTRY OFFICE and to register the child as the, to give it the surname, a middle name and to be responsible further for it. In this case there is no nothing else left how to submit the petition. The application will be considered as claim production. (Chapter 12-22 of the CCP of the Russian Federation)
2. 2. Genetic examination. It is possible to bring any proofs of communication of mother and child's father into court – Internet correspondence, the SMS – the messages kept in phone, a video photo, testimony. But most often careless daddies to the last beat off the parental obligations and begin to collect a compromising evidence on mom. In this case to the course there is the last trump against which all justifications are powerless – genetic examination. As a rule, it is appointed at the very beginning of judicial proceedings. The court imposes the obligation to provide its carrying out on participants of process. That is on the appointed day the alleged father and the child have to be in medical institution for delivery of biological material. Usually for the period of conducting examination the court stops proceedings (Article 216 of the CCP of the Russian Federation). But it is important to know that for court the expert report is not the indisputable proof, and the result in total with all other produced evidence will be estimated.
3. 3. If "it's in the bag" - establishment of the fact of paternity. Let's put, the court established paternity fact, and the decision took legal effect, the interested person has the right to submit the application for obtaining the birth certificate to bodies the REGISTRY OFFICE where it will be entered newly appeared daddy. Also the application about collecting child maintenances is submitted to court. Besides, on behalf of the child, his legal representative can raise a claim for the inherited property.