There are situations when the father of the child doubts that the child who was born in an official or civil marriage has actually his blood. Finding out about this is quite simple, you just need to do a DNA test to establish paternity. However, it is difficult to dispute this fact. The procedure for disputing paternity is quite similar to the procedure for establishing paternity. The difference is that the person is already listed on the child’s birth certificate as the father and considers this to be a mistake. The only state body that has the authority to resolve this situation is the court. Appeal in court to challenge paternity in Ukraine can be carried out by a person who does not consider himself a biological father, as well as a mother who does not consider her husband to be the biological father of her child.
Procedure for disputing paternity by a mother in court in Ukraine
If the biological mother does not consider the person on the child’s birth certificate to be the real father of her child, the only option is the court. The appeal to the court is carried out at the place of residence of the defendant by filing a statement of claim. The limitation period does not apply, but it is possible to apply only before the child reaches the age of eighteen. The question arises, how is the paternity court proceeding? One should not be afraid of such categories of cases, because, as judicial practice shows, the court pays attention not only to the conclusion of the DNA examination. In order for the court to recognize the conclusion of the genetic examination as appropriate evidence, we recommend that you immediately contact state expert institutions. During the court session, you should immediately submit a request for a forensic examination. The petitions should indicate the specific institution and indicate clear questions to which the expert must answer. If the respondent is not the father, then the examination will confirm this with 100% probability. If a person evades conducting a forensic examination, then the court may apply a court order. After the entry into force of the court decision, you need to register it with the registry office to exclude you from the column “father”.
How does a paternity contest go without an expert examination?
Contesting paternity in court without a DNA examination is a rather complicated process. There are times when it is impossible to collect samples for a DNA test, for example, a person who was considered a father has died and it is not possible to obtain a proper sample for a number of reasons. In judicial practice, there are cases when a person prohibits the collection of his own samples and evades it. In such cases, the court must proceed from the available evidence and make a decision. Evidence can be facts confirming that the spouses did not live together during the period of potential conception, the absence of a person on the territory of Ukraine, testimony of witnesses, etc. In order for a man to be excluded from the record of the child’s paternity, it is necessary to submit irrefutable evidence, for this you need to consult with qualified lawyers who will help you build the case correctly even in the embryonic stage.
Judicial practice of disputing paternity
Judicial practice shows that genetic examination is the main evidence when disputing paternity in Ukraine. But there are different situations when it is impossible to carry it out. In this case, the court needs to present a lot of evidence, which in turn significantly increases the time for consideration of the case and does not guarantee an unambiguous decision. In addition, such decisions are easy enough to appeal to higher authorities. Each case is unique in its kind and each piece of evidence has no predetermined force. Therefore, it is worth consulting with specialists who have experience in such categories of cases.