It happens that a man whom a woman indicates as the father of her child refuses to accept responsibility for his offspring. What can you do in such a situation? How to establish paternity? How to file a paternity application and how to obtain funds for the maintenance of a child?
Whenfatherof yourchildrefuses to recognize him and you care about it, you must file a lawsuit for determination of paternityand related claims.
Paternity - the decision is made by the court
You should file the claim with the Family and Juvenile Court in the place of residence of the child or the child's alleged father.
During the trial, the court takes evidence. Currently, paternity is established mainly on the basis of DNA tests, carried out at the request of the court, or testimonies of witnesses.
Note: If the alleged father does not wish to undergo DNA testing, he cannot be forced to do so. You should join the statement of claim:
- complete copy of the child's birth certificate
- evidence applications - witnesses' data, documents
- sometimes the court also demands the submission of medical documentation from the hospital about the birth of the child.
It is presumed that the father of a child born out of wedlock is one who had intercourse with the child's mother between the 300th and the 180th day before its birth (Art. 85 par. 1 of the Family and Guardianship Code). As a party seeking paternity, you are exempt from court fees.
And if you do appoint an attorney, your attorney will ask in the lawsuit for an award of his fees from the defendant man.
If paternity has been established, the court will order the defendant to reimburse the attorney's fees incurred by you.
What are your en titlements after paternity has been established
When the court determines that the defendant man is the father of the child, you are owed him:
- child support (sometimes also for the child's mother)
- reimbursement of part of the costs incurred in connection with pregnancy and childbirth (if he did not participate in them).
The application for securing these benefits for the duration of the trial can be attached to the petition to establish paternity.
ImportantAlimony during the trial
The paternity process, like other cases in the courts, unfortunately continues. Therefore, it is worth foldingapplication for securing child support for the duration of the trial. The court issues a security if the conducted evidence substantiates the paternity of the defendant.
When husband does not admit to paternity
If a woman is married or has given birth to a child within 300 days from the end of the marriage, the child's father is legally speaking her husband - present or former (Art. 62 of the Family and Guardianship Code). And if he claims that he is not the father of his wife's child, he must file a paternity suit in court.
Establishing paternity and perinatal costs
The child's father is obliged to bear part of the expenses related to pregnancy, childbirth and the 3-month support of the child's mother in the perinatal period. To prove what costs you have incurred, you should present to the court bills or invoices for: pregnancy clothes, paid tests, childbirth school, medicines, cosmetics, meals (if you were on a special diet), family birth, anesthesia, etc. and for the baby's layette. Claims related to pregnancy and childbirth expire 3 years from the date of childbirth.
Paternity and child maintenance
The amount of alimony is determined by the "justified needs of the child" related to his age and he alth, as well as the financial and economic possibilities of the parents (Art. 135 par. 1 of the Family and Guardianship Code). In order to prove your child's "justified needs" and what expenses you incur as a result, you must present bills and certificates, possibly an application for the hearing of witnesses (if you cannot prove something with documents). The court, when assessing the father's earning and financial possibilities, takes into account his income, financial situation and other obligations. The financial and economic situation is assessed by the court on the basis of earnings certificates, annual income statements (PIT) and testimonies of witnesses.
After paternity is established: father's rights and surname
If paternity is established in court, the mother may apply not to grant the father parental responsibility. The court will decide on this, assessing, inter alia, father's relationship to the child, relations between parents, father's parental qualifications. The mother also has the right to request that the child be named after the father by the court or may decide that the child will bear her surname.
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