Judicial determination of paternity - what does it look like?

I recently had the opportunity to be an attorney in a case for establishment of paternity. Why do such cases end up in the courts? There can be many reasons. A man does not always want to acknowledge his paternity, not being sure that he is definitely the father of the child. Sometimes he tries to avoid his responsibility in this way. I invite you to read today's post on what such a case looks like.

In a case I had the opportunity to pursue with action to establish paternity the child's mother applied. The reason was of course simple, the father of the child was not her husband and he did not want to acknowledge paternity before the head of the registry office. As an aside, it is worth mentioning that it is also possible for such an action to be brought by the father or by the child, as well as by the public prosecutor.

In addition, other demands may be included in the lawsuit, most commonly issues related to parental authority and alimony. Furthermore, in the judgment establishing paternity, the court gives the child a surname. This can be the surname of the mother or the father, and if there is no agreement between the parents on this then the child will receive both surnames.

What is the course of action before the court?

Once a paternity action is received, the defendant has the right to file a response and present his arguments. In the case I handled, the defendant wanted to be sure that he was the father of the child, so we made an application for a evidence from DNA tests. At the first hearing, the court granted the request and ordered the tests, which were carried out very quickly. The test itself is not painful, it involves taking a swab from the buccal mucosa and genetic material is taken from the mother, the alleged father and the child. After a few weeks, a ready opinion with the results is sent to the court. In our case, the paternity of the defendant was confirmed and the other issues were resolved amicably between the parents, allowing the case to be concluded at the second hearing.

However, the proceedings are not always so smooth, much depends on the parties themselves. If it is not possible to reach an agreement, e.g. on the issue of maintenance, or if the claimant demands that the father be deprived of parental authority, the court will have to take evidence, which may prolong the proceedings. Every case is different and it is impossible to predict how it will end.

Do you need additional legal assistance? Have questions about establishing paternity, email me!