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According to world statistics, the number of men raising other people’s children reaches about 10%, which is quite a high indicator today.
Therefore establishing paternity is one of the most popular issues in family law of Ukraine because every man always wants to know whether he is really the biological father of the child.
However, in order to solve it, a person needs to contact the judicial authorities with the necessary package of documents.
However, not every citizen knows exactly what should be submitted, which is why the consideration of this topic can be seen.
In this article, we will determine the specifics of writing a claim to establish paternity.
What are the peculiarities of establishing paternity by the decision of judicial authorities?
First of all, it should be noted that a person can apply to the court with an application to establish paternity in the event that she lived with her husband, but was not in an officially registered marriage with him, and he died suddenly.
Such cases are considered in the framework of a separate proceeding since there is no dispute about the law and a legal fact that is important for the party submitting the application must be established.
In addition, the court can accept such a statement only when the entry about the child’s biological father in the Birth Registration Book was made in accordance with the requirements of the Family Code of Ukraine.
Who can file a claim and what should it contain?
The fact of paternity can be established by the application of the mother, guardian, custodian, person who provides constant care and upbringing of the child, or the child himself, who has already reached the age of majority (18 years).
When submitting a lawsuit to the court, it must contain:
- a clear statement of one’s demands and justification of why the claim should be satisfied by the court;
- the name of the judicial body to which the lawsuit is planned to be filed;
- full name of the parties to the case, their place of residence, RNOCPP, passport of a citizen of Ukraine, e-mail address, mobile phone number;
- indication of specific evidence with which a person supports his claims in the case. In the category of cases where it is necessary to establish the fact of paternity, the court takes into account the following evidence: written explanations and testimony of witnesses, expert opinions, the impossibility of restoring documents in the pre-trial procedure, photos, videos, letters of the applicant with the deceased, etc.;
- impossibility of settlement of the case in the pre-trial procedure;
- a document on the payment of a court fee or on the release of a person from the obligation to pay it.
It is worth noting that the statement of claim must be submitted in writing by the applicant or a person authorized to do so, and can be written either by hand or printed using technical means (computer, laptop, etc.).
What is the jurisdiction of the specified category of cases?
As a general rule, cases establishing the fact of paternity are considered by the courts of the 1st instance at the place of registration of the applicant.
Do you want to go to court, but don’t know how to legally write an application to establish paternity? If such a situation has arisen, be sure to contact the Prikhodko and Partners law firm.
Our lawyers have many years of experience in drafting various procedural documents and their practical application in court, and therefore they will help to prepare the necessary package of documents just for you. Get in touch!