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For carrying out activities for the establishment of paternity in court it is necessary to undertake a number of actions, to work on the collection of evidence, to prepare a series of requests and petitions. Our lawyers have experience in the establishment of paternity in court, and will help You in matters of establishment of paternity.
The necessity of establishing paternity in a judicial order can arise in the following cases:
• absence of the registered marriage between the parents of the child;
• absence of the statement of parents of the child or the father about establishment of paternity in the registry office.
• lack of a consent of the guardianship authorities on paternity establishment according to the statement of the father in case of mother’s death, recognition its incapacitated, impossibility of establishment of the location of mother, in case of deprivation of mother of the parental rights;
•the existence of mother's refusal to file joint application with the father of the child about paternity establishment to the registry office.
Most often the establishment of paternity in judicial order is implemented according to the claim of child’s mother. The family code of Armenia provides possibility of filing of application in court about paternity establishment and other persons,including the father of the child.
A claim to the court for paternity establish have also the right to appeal the official guardians of the child or a person dependent on which the child is placed. The child reaching the age of majority also has the right to turn to court with the claim for the establishment of paternity.
The law does not set the statues of limitations in cases of establishment of paternity.
Court cases concerning the establishment of paternity аre dealt with by the courts in the procedure of action proceedings. Also at the same time with the claim about the establishment of paternity can be filed the claim about collecting of the alimony on the maintenance of a minor child.
Paternity establishment in Armenia:
Voluntary recognition of paternity does not always take place. There are cases when the father of a child born out of wedlock, refuses to file an application for the registration of paternity. In such situation it is possible to recognize the paternity through judicial procedure in order to protect the interests of the child.
Only one of the parents of the child is entitled to file the statement of claim about the recognition of paternity. Most often this makes the mother, but in certain circumstances, a suit may be brought by the father of the child, for example if the mother preclude the filing of a joint statement on recognition of paternity.
To demand recognition of paternity may also the guardian or the trustee of the child, the person, on whom a child depends, as well as the child himself when he reaches adulthood.
At the time of the statement of claim about a recognition of paternity between the child and the alleged father there is still no legal relations, therefore, the basis for the claim in this case is not a subjective right, and the legally protected interest of the child. This interest is to know his father, and be in a legal relationship with him.
The respondent in these cases is often the alleged father of the child. The statement of claim about the recognition of paternity may be brought to a minor or a legally incapable person. In the case of incapacity of the respondent his interests are protected by the guardian. In view of the fact that the minor father has the right to recognize his paternity, we can assume that he can respond to a claim for the acknowledgement of paternity, and participation in the case of the trustee is not required, although no one can prohibit a minor use his help in defending the lawsuit.
A list of evidence that can be used in the process of recognition of paternity, in principle, is not limited. This can be letters, diaries, official documents, confirming the recognition of the defendant of his paternity. They also is not a hundred percent proof of origin of the child. Alleged father may declare that at the time of writing the letter he considered himself the father of the child, but later found out that it is not so.
With the recognition of the paternity it is also possible to use the testimony. However, traditionally the courts are fairly carefully. Often in the process of the recognition of the paternity they have to deal with two groups of witnesses called by the initiative of the disputants, each of which interprets the facts in the interests of one side or the other. However, certain witnesses could not be suspected in prejudgement. If, for example, the parents of the alleged father of the child, saying that he recognized the child as his in his conversations with them , their testimony, as a rule, are worthy trusting.
The court may also appoint an expert examination for the recognition of paternity. More accessible and widespread examination of blood may not provide a true positive result, but can give reliable negative result. Therefore, in some cases, it is appropriate to be carried out. Medical examination also can be important for determining the ability of the defendant to conceive a child.
The only examination that allows to set the origin of the child belonging to one or the other person is genetic fingerprinting.
Paternity contest in Armenia:
It is especially complicated to dispute paternity because it is difficult to prove all the circumstances. However, in this case consultation of an experienced lawyer will help.
Paternity dispute- that is the refusal to recognize oneself as the father of the child —is a difficult process. Especially if the child was born in marriage. All the more as the legislation of Armenia doesn't welcome such type of disputes.
So, two situations are possible.
The first case — the child is born in marriage, but the father doesn't wish to take care of as he doesn't consider himself as the biological parent of the child. In this case one should file the application to the relevant court of Armenia. At once we will make a reservation that cases having delicate nature at once is better to address to the skilled lawyer — he will help not to commit follies.
The father will have to provide to court of the proof of that:
• at the time of child’s birth and his registration as relative of the claimant the claimant didn't know about the absence between them related bonds;
• the child really isn't his biological relative.
The second case — if parents of the child aren't married. Then the father should provide only proofs of that he didn't have an affair with the mother of the child for the estimated moment of conception.
Certainly, the collection of evidence can be problematic, and a lot of time has passed, and positions are rather ephemeral.
Genetic analysis, of course, great would have helped, but its cost often exceeds the benefits of the refusal of paternity.
It should be remembered that on contestation of paternity law imposes certain restrictions. So, to file an application on refusal of paternity can be only up to the majority of the child. You cannot challenge for the paternity of the child, if the child died.
We express our gratitude to the law firm "Your Jurisconsult" for professional legal protection of the interests of our organization in relations with the tax authorities. High qualification and expertise help us to defend the rights of our company and prevent unwarranted use of economic sanctions."Syscon" LLC Batyr Durdyyev Business Manager