The question of how to prove paternity and apply for alimony is relevant in cases where the parents did not formalize their relationship in an official way. There is nothing wrong with this, because in the modern world civil marriage is very popular. As a result, a large number of children are born out of wedlock.
Refusal to formalize the relationship has many disadvantages. First of all, it is worth noting that difficulties arise when collecting alimony in the event of divorce of the spouses.
In order to receive funds from a common-law husband for a minor, it is necessary, first of all, to establish his relationship. This is especially true in cases where the husband abandons the baby. The main task here is to establish paternity.
When is it necessary to establish the fact of a family relationship?
The need arises if a person refuses to financially support children or the woman’s legal husband is not the biological father of her children.
The fact of relationship can be confirmed through the registry office if the child was born no later than three hundred days after the divorce. If there is no dispute between the parents on this issue, then the parties can submit a general application to the specialists of the civil registry office. But more often than not, disagreements arise, and disputes can last for years. Even if the father is identified, there is no guarantee that he will provide financial support.
Options for solving the problem
All types of problems require their own solution. There are no exact recipes , but you can still try.
Jealous
A jealous man can express himself in words . A caring woman will pay attention to this. “He is more dear to you than me,” “You miss his father,” and other similar phrases reveal a man’s fear of a woman’s past. Jealousy, if it is not a psychiatric diagnosis, is based on low self-esteem and self-doubt .
According to the man, children pose a threat to relationships
If rejection is based on jealousy, then this can be regarded as a sign that he will be jealous all his life . The baby will grow up and leave the family, but the jealousy will remain. He will always find someone to be jealous of.
If the husband does not show violence, then you can talk to the child. It is often much easier to negotiate than with adults. You can try to explain to him that your new husband loves you very much and is afraid of losing you, so he is nervous. You must help your stepfather gain confidence, like in a fairy tale. Prepare him some kind of surprise together. Say it was the child's idea. In some cases, this makes men's hearts melt.
Jealous husband
Inexperienced
If a man has no younger brother or sister, no children , then he simply does not know how to communicate with children. Here mom needs to work on two fronts. You can prepare a joint dating event . Separately with your child, prepare a surprise for the new family member. Discuss with your man how he can please your child.
Prepare some sacred words for your family vow . For example: “I pledge to wish everyone a good morning every day,” “I pledge to respect all family members,” “I pledge to always be there to help when called,” and other phrases that are appropriate for your family. It will be a kind of family agreement.
Time will pass and many vows will be forgotten, but the first steps will be taken and the tension in the relationship will go away.
Rivals
The husband must understand that the child appeared in your life earlier than he did. Try to explain this to him. He must recognize his primacy within reasonable limits and gain his trust.
Children should not feel left out. Remember how things were when you were just dating a man. The situation needs to be changed gradually , at the same time not allowing the man and his child to manipulate you. Men are like children. If you know how to find a common language with your son or daughter, it will not be difficult to do this with a man. There would be a desire.
Rivalry between husband and child
How to establish the father of a child
To solve the problem of how to prove paternity and file for child support, you need to file a lawsuit.
To recognize the father of the child, a DNA procedure is carried out. Based on the results, a decision is made as to who the father of the baby is. The plaintiff pays for the forensic examination in a claim for recognition of paternity. If the outcome of the case is positive, the costs are reimbursed to the plaintiff.
Based on the results of the examination, alimony obligations are established.
Sometimes you have to wash your dirty laundry in public. You can show correspondence with the defendant, photos and videos.
It may make sense to consider another option instead of forcibly collecting child support. A woman can obtain the status of a single mother when a dash is indicated on the certificate. Through social protection, you can apply for an increased benefit and receive other benefits.
Need support!
When doubts are real, then how and with what consequences you will survive an unpleasant episode of family life will largely depend on your behavior.
- Take his doubts calmly. It’s worth talking and finding out everything - but this should not be an insult to an innocent person or an accusation. However, it is still worth saying that this causes you confusion.
- Jealousy is a strong feeling. Don't be ironic or try to make fun of the person who loves you. Moreover, usually jealousy and doubts do not arise out of nowhere (of course, if these are not painful manifestations - then the person is suspicious and jealous of absolutely everyone and everything).
- It is difficult to say for sure whether to do a paternity test. It all depends on the characteristics of your relationship and the complexity of the situation. But if you do and the test for your husband is positive, never reproach him. Or better yet, don’t remember at all.
- Any person has the right to any feelings and mistakes. By showing yourself tolerantly in such a situation and providing your husband with support, you can strengthen your relationship - both now and in the future.
Establishing paternity in court
The child himself, his parents or guardians can demand that paternity be established in court. Children have the right to file a claim after reaching the age of majority.
5 documents for going to court:
- statement:
- a receipt confirming payment of the state fee;
- photocopy of the child's birth certificate;
- evidence by which relationship can be confirmed. When filing a claim, any evidence is accepted to recover payments. The rule is established by Art. 55 of the Civil Procedure Code. Therefore, before you write a claim, prepare evidence to support your position.
3 pieces of evidence accepted by the court:
- audio and video recordings;
- witness statements;
- expert conclusions.
Important! Evidence, of course, plays a role in court. But almost one hundred percent results are obtained by molecular genetic testing. The conclusion was made by the Supreme Court. Resolution No. 16 is dated May 2021.
When an examination is carried out, the pregnant woman’s chart is examined, as well as the birth history and the baby’s individual chart.
Single mother
But this is the simplest development of events. It may happen that the father does not want to recognize the child. Or he refuses to do so. In this situation, the mother goes alone to the registry office and becomes a single mother. In the father column, a dash is placed or a mythical person is written down.
If a woman becomes a single mother, she is given a corresponding document and is assigned an allowance. If instead of a dash she wrote in a certain Ivan Ivanovich, then she will be given a document stating that the father was recorded from the words of the mother. The child's surname will be from his mother's. It is impossible to enter another one.
If the father eventually comes to the conclusion that he should restore himself to fatherhood, then this will be problematic. This cannot be done by application. It will be necessary to go to court and present the results of a genetic examination.
Dispute consideration in court
The fee for considering a dispute is three hundred rubles. The amount is set by paragraphs. 3 p. 1 art. 333.19 of the Tax Code of the Russian Federation. A claim for recognition of paternity must be sent to the court at the place of residence of the defendant or plaintiff. The possibility of choice is given by Articles 28 and 29 of the Code of Civil Procedure.
During the consideration of the dispute, an application for an examination is submitted. The judge approves the petition filed by the plaintiff.
It happens that a man is not interested in a child and avoids acknowledging paternity in every possible way. In this case, the court has the right to recognize family relationships without conducting research. This rule was approved by Part 3 of Art. 79 of the Civil Procedure Code.
The decision to establish family relationships and determine the obligation to support children is made on the basis of the evidence presented.
Reasons for rejecting a child
several reasons why a man does not accept the daughter or son of his significant other :
- the husband is jealous of his wife about her past, the baby constantly reminds him of this;
- he has no experience communicating with children;
- competition for a woman's attention;
- internal complexes.
This is not a complete list of problems. Another classic said that every unhappy family is unhappy in its own way, everything is individual.
Jealousy of a child
Registration with the civil registry office
It is not enough to identify the child's father to recognize child support obligations. The application is sent to the specialists of the Civil Registry Office. The mother and father, as well as the child himself, who has reached the age of majority, have the right to do this. If there is a power of attorney, the documents can be sent by a representative. Electronic applications are accepted through the portal gosuslugi.ru.
4 documents for registration with the civil registry office:
- statement;
- a document confirming payment of the state fee;
- child's birth certificate;
- court decision.
For state registration, as well as the issuance of a certificate, it is necessary to make a payment of three hundred and fifty rubles. The amount of the fee is approved by paragraphs. 3 p. 1 art. 333.26 of the Internal Revenue Code. When a package of documents is submitted by a representative, the representative’s power of attorney and passport are added to this list.
You can recover transfers for the past time, but not more than six months. Funds are recovered if it is determined that the plaintiff actually tried to obtain payments.
Voluntary recognition of the father through the registry office
If a person voluntarily expresses a desire to confirm his rights to a child, then this will not be difficult to do.
The mother and father must submit an application to the registry office. Here the father must recognize the teenager as his own, and the mother in response should not refute this.
It is worth considering some points:
- It is impossible to prove parental status in relation to a person who is declared incompetent.
- The application can be submitted at the place of residence of one of the parents.
- If the person submitting the application cannot appear in person at the registry office, then this must be notarized.
The application must indicate the passport details of the parents, as well as information about the teenager. It is worth considering here that the application can be completed long before the birth of the baby.
The reason for this may be the husband's long business trip or serious illness. In this case, you need to first choose a name for the baby, and also decide what surname he will bear.
Good to know: a man can prove his parental status on his own. This happens when the mother is declared incompetent or if she is deprived of parental rights.
A written agreement from the guardianship authorities is attached to the application, indicating that they have nothing against this. Guardianship authorities are involved only when it comes to a minor.
If the teenager is 18 years old, written consent will be additionally required from him or his official guardians or trustees. At the same time, the father is entrusted with great responsibility for the upbringing and maintenance of the teenager.
Nuances
To establish paternity and collect alimony, several actions must be taken:
- competently draw up a claim, submit two copies of the application;
- collect evidence;
- find witnesses willing to testify in court.
The need to establish family relationships also arises after the death of a man. The question of how to apply for child support if the father does not recognize his child can be resolved in this case as well. The issue is also considered through the court.
Family disputes are difficult. It takes time and effort to establish legally significant facts. The situation takes on a particularly unpleasant tone if a man does not want to admit that he is a father. You can shorten the procedure if you simultaneously file a claim to establish the fact of a family relationship and collect payments.
Ancient Fear
One of the advantages of women is that when a woman gives birth to a child, she always knows that she is his mother. No man can be sure of his paternity to the same extent - and this circumstance gives men a lot of anxiety. And the risk of raising someone else’s child (purely theoretically, of course, if you do not take into account such feelings as love, affection and the fact that most women value monogamous relationships) exists for every man.
Men themselves are not inclined to discuss the existence of such a problem, but nevertheless, at all times they actively took measures against female infidelity and the possibility of false paternity. Even ancient legal documents recorded harsher punishments for women for adultery - up to public torture and the death penalty, while men could get off with a fine. In the Middle Ages, a chastity belt was invented - husbands called into long military campaigns shackled their beloved ones into it. And at the same time, various kinds of healers and sorcerers became especially popular, producing a special potion that reduced libido. All these inventions were expensive, but they inspired confidence and allowed men to fight calmly, without thinking about what surprises would await them at home.
The honeymoon initially had the same protective meaning - one of the most, it would seem. romantic customs. The couple had to retire for one lunar month (this is enough for at least one ovulation to occur) and it was during this time that they conceive their first child. And to make sure this happened, the newlyweds drank a honey drink and ate honey, which was endowed with properties that increased the ability to bear children.
Bottom line
If the father of the child has not been identified, file an appeal to the court.- Payments for child support will be collected from the date the court decision comes into force.
- After the examination, the defendant must reimburse the costs of its implementation.
- Based on a court decision, information about family relationships is entered into the birth certificate.
- For the child, if the mother establishes paternity, there will also be consequences. The Family Code states that children must also provide care and support to their parents. Therefore, after reaching adulthood, such an obligation will arise. The father also files a lawsuit if the adult children refuse to provide financial support.
When to prove paternity
We would like to note that in accordance with Article 47 of the Family Code of the Russian Federation, within 300 days after the divorce or death of a spouse, the spouse (former spouse) is recognized as the father.
Today, it is possible to prove the status of a parent, both voluntarily and forcibly.
Compulsory evidence is carried out as a result of legal proceedings. As for situations related to proof of parental ties, these include:
- Pregnancy of a woman who is married, from another man, and not from her spouse.
Proving parental status is very difficult here. According to the law, the child’s father is considered to be the legal husband. To resolve this issue, the spouses must divorce.
But, even at the same time, after the divorce, the ex-husband is formally the baby’s dad for some time.
- It is possible to prove a parental relationship even when the baby was born in an unofficial marriage.
Here, both voluntary and forced proof of such a right to a teenager is possible. Basically it all depends on the wishes of the parents.
It is important to know: if we are talking about refuting the fact that the husband is the father, then you need to go to court. The spouse must be invited to the trial.
- Sometimes parental status is established after the death of a spouse. This is necessary in order to receive an insurance pension for the loss of a breadwinner, as well as to secure the baby’s right to inheritance.
- If the mother is against the father being indicated in the documents, then the issue is resolved in court.
In this case, the man must file a lawsuit, on the basis of which his relationship with the baby will be decided.
Deprivation of civil father's rights
If a common-law father has recognized his child, he must remember that his wife cannot deprive him of his rights solely on the basis of her own desire. This will require compelling reasons, and the decision itself will be made in court.
After all, you need to remember that civil marriage has long been a type of ordinary marriage, just having some restrictions. The Family Code (Article 69-71) states that only a court can deprive parental rights.
Before contacting this institution with an application, it is necessary to collect evidence:
- witness statements,
- photos,
- video,
- extract,
- protocols,
- various documents confirming that the father does not participate in the child’s life, leads an antisocial lifestyle, and does not provide money for his upbringing.
Why exactly 300 days?
When writing this article, a detailed analysis of the regulatory legal framework, advisory legal materials, educational and scientific literature in the field of establishing paternity was carried out, however, it is not indicated anywhere why the legislator set a period of 300 days for recognizing the ex-spouse as the father of the child. It is generally accepted that the gestation period is 9 months, and then it would be advisable to set 270 days. But as a 2013 study by American scientists from the University of North Carolina showed, 10 months is a completely normal pregnancy period. These conclusions were obtained based on the results of a survey of 125 pregnant women. For most expectant mothers, the duration of pregnancy is in the range from 37 to 42 weeks, that is, the maximum gestation period is about 300 days. “Procreation standards will have to be revised,” say experts from the National Institute of Health Sciences in Durham.
Thus, depending on the moment of the child’s birth, the situation with who will be entered in the “father” column in the birth certificate may change. The situation seems absurd, but completely solvable. Legal experts provide legal support on all issues related to establishing and challenging paternity. Any questions? Call: + or write to WhatsApp.
How to recognize paternity of a mother's common-law husband
There are several ways to recognize a child.
- If the father has such a desire, he will be recognized almost immediately.
- If the mother has died, it is enough for the father to present a death certificate.
- When the mother disappeared untimely, her whereabouts cannot be determined, or she was deprived of parental rights, the man is recognized as the father on the basis of documents confirming these facts.
- If the common-law wife is against establishing paternity, the father has the right to do this through the court. It is worth rightly noting that the mother has the same right in case of the opposite situation.
What should a man do who is listed as the father of his ex-wife’s child?
A very ridiculous situation can arise when the spouses have already divorced due to the wife’s infidelity. And after the divorce, the illegitimate child was also registered with the ex-husband. The situation is strange, but quite common in practice. Imagine a man "heartbroken by divorce" becoming the father of his wife's lover's child.
The case is unpleasant not only from a moral point of view, but also due to legal and material consequences. After all, the fact of paternity entails the presence of child support obligations in relation to a minor child.
The only way out for a man is to challenge paternity and exclude the record of the child’s father from the birth certificate, which is only possible through the court. Thus, after a divorce, the injured party again becomes the husband, now the ex-husband.
Court proceedings to challenge paternity, as a rule, are not routine in nature and in most cases are individual. Several persons may file such an application with the court:
- mother of the child;
- ex-husband listed as father;
- putative biological father;
- the child himself, after reaching adulthood.
In most cases, the court orders a genetic examination; however, if the claim is recognized by the child’s mother and biological father, the examination may not be ordered.
If a person evades participation in a genetic examination ordered by the court, the court, depending on which party is evading the examination, as well as what significance it has for it, has the right to recognize the fact for the clarification of which the examination was appointed as established or refuted. That is, if the biological father does not appear at the expert institution without good reason at the appointed time for the examination, his paternity will be established automatically.
Any biological substance with cells can be used as samples for DNA analysis: blood, sperm, nails, sulfur. But cut hair, for example, will not work - only torn hair with hair follicles. In a DNA test, simple repeating pieces of the chromosomes of the alleged father and child are compared, and the probability of paternity only approaches 100% - due to the possibility of the existence of a second person with a similar genotype.
