Objection to an application to establish the fact of recognition of paternity, sample sample, standard form for drawing up a document, 2021

Drawing up an objection to a claim to establish paternity

In both cases, it is always recommended to first seek advice from a practicing lawyer with good experience in handling cases in the courts. And only then make an informed decision regarding your position and further actions regarding the claim.

This service, which includes studying the documents presented by the client, forming a legal position on the case, writing the text of the statement of claim in accordance with the requirements of the Civil Procedure Code of the Russian Federation, is a kind of budgetary compromise for clients who do not enter into an agreement for the full management of the case by a lawyer.

Objection to a claim to establish paternity

She had strong objections to the paternity suit, and although she had not yet settled down. You're on color. Look at the color scheme. Do you want to pet it? Leo Tolstoy slapped his clothes, taking out blue bottles from the folds, an objection to the lawsuit to establish paternity of some pockets, which we have later in the program.

How to write a statement to establish paternity correctly

In order for any legal obligations to exist between parents or children, it is necessary to consolidate the family relationship in a legal, official manner. This is achieved by making an entry in the birth certificate, where the surname, first name and patronymic of the child’s mother are indicated in the “mother” column, and the child’s father is indicated in the “father” column, respectively.

Objection to the application to establish the fact of recognition of paternity

The statement of claim must indicate how the man was recorded on the birth certificate as the father of the child. Then you need to describe in detail the circumstances preceding the recording of the child’s father, what kind of relationship the man had with the child’s mother.

Or, what is more expedient, to collect alimony at the same time as paternity is established. That is, to include in the claim several claims at the same time: to establish the origin of the child and to collect alimony from the parent (father or mother). If paternity is proven, the court will satisfy both demands; if it is refuted, the mother will be denied satisfaction of both demands.

If a man does not agree to submit a joint application to the registry office and does not recognize a family relationship with the child, it is also impossible to force him to pay alimony. According to Art. 49 of the RF IC, the fact of paternity must first be established in court.

The procedure for establishing maternity and paternity

It is possible that parents can agree and enter into a written agreement on the payment of alimony - after paternity is confirmed voluntarily or proven in court. But most often this procedure is accompanied by all sorts of disputes and disagreements, and achieving a peaceful agreement is not possible.

If the decision to collect alimony in favor of the plaintiff has already been made, then within a month it can still be appealed to a higher court. If the case was before the magistrate, then the appeal is filed with the district court, and if in the district court, then the complaint is sent to the court of the constituent entity of the Russian Federation.

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After some time, the mother reported that Skukovskaya called her and said that Natalya was pregnant from Slava, he, in turn, explained to his mother that this was not possible and I was not Natalya’s only man.

Statement of claim to establish paternity

Prepare objections and submit them to the magistrate in your area or to the district court.
In the document, describe your vision of the situation and an explanation of why you consider the demands to be unreasonable.
The objections end with a request to refuse to satisfy the plaintiff’s claims for the recovery of maintenance in a fixed sum of money.

________ ____________ region, his paternity in relation to ______________________, _________ year of birth. In support of his claims, the Applicant points out that when registering the fact of the child’s birth, information about the father was not included in the civil status act, due to the fact that _________________ and _____________ were not in a registered marriage, and in addition, at the time of the child’s birth – ____________, _____________ .

submit a petition for something, if there are grounds for it.
contact details of both parties: mobile phones, emails. In simple terms, all the contact information, which, if necessary, can be used to find each of the parties;
information that, in the opinion of the applicant, may play an important role in the court hearing;

Objection to the application to establish the fact of recognition of paternity

Parents have the right to enter into an agreement on the maintenance of their minor children. If parents do not provide maintenance to their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in court. It should be noted that being in a registered marriage with me is not deprived him of the right to submit an application to the registry office to establish paternity in relation to a minor. In addition, the current legislation provides the right to establish paternity in court in the interests of a minor son - and accordingly file a claim in court for the recovery of alimony for the maintenance of a minor son, however she did not take advantage of it in her life. The specified circumstances, namely: permanent residence with me - in the city.

The respondent asks the court to refuse to satisfy the applicant's claims. To the ___________ district court of ____________ region From an interested party: in a civil case on the application of __________________, acting in the interests of a minor son of ___________________, _______ year to establish the fact of recognition of paternity OBJECTIONS to the application of ________________________, acting in the interests of a minor son - ________________________, _______ year of birth, appealed to ________ district court _________________ with an application to establish the fact of recognition of ____________________, who died on __________— in the city.

Objection to a claim to establish paternity

—Good afternoon, in exactly the same order as the statement of claim was written. just below the header (plaintiff, defendant) write the table of contents of the claim. OBJECTION to the statement of claim and indicate its name. In your question, you roughly gave an objection to the statement of claim, and also write it in the Objection itself. Especially emphasize that the father is at the birth of the child. refused to recognize him as his own and give him his last name and patronymic. If you are not sure of his paternity. ask the court to conduct a DNA examination. and vice versa. And it’s up to you to decide, as always. there will only be a trial, and I wish you good luck.

Good afternoon The ex-husband filed a lawsuit to establish paternity and challenge the entry in the children's birth register, referring to Part 2 of Article 48 of the RF IC. 7 years have passed since the birth of his daughter, he communicated with her at most 10 times during this time first 3 years. I haven't seen her once for the last 4 years. Then he called me only occasionally, but did not come. he did not provide financial assistance, although the lawsuit states the opposite. I am sure that he has no evidence of this. I understand that his action is only a way to manipulate me. he knew from the very beginning that there was a dash in the certificate because. he himself refused to go together and write an application to receive it. But in his statement he writes that he found out about this only in April. In April, he found out that I live in a civil marriage, and my daughter calls this man dad. This fact prompted him to action. How to correctly write an objection to a claim?

What to write in a statement of claim to challenge paternity

In the text of the application, you need to convincingly write the reasons why this man cannot be the biological father of the child and provide evidence that will confirm this. If the real (biological) father of the child is known, you can provide his details in the text of the application, but this is not necessary.

The statement of claim to challenge paternity must indicate the requirements relating to challenging paternity. We recommend that all requirements be formulated so that later there are no problems with re-issuing documents and there is no need to submit additional applications to the registry office. Therefore, it is better to write as in our sample application.

The annex to the statement of claim contains documents confirming the grounds for challenging paternity.

Objection to a claim to establish paternity

, the latter must be involved by the court in the case, since if the stated requirements are satisfied, the previous information about the father must be excluded (cancelled) from the child’s birth certificate. The Family Code of the Russian Federation establishes cases when paternity cannot be contested. The provisions of the same Article 52 of the Family Code of the Russian Federation prohibit the contestation of paternity by a person who was not married to the child’s mother at the time of making an entry about the child’s parents in the deed book and who knew that he was not the actual father of the child. This means that a challenge to paternity can only take place if the court establishes that the person at the time of making a record of paternity did not know that he was not the father of the child (in this case, the legislation is based primarily on the interests of the child, since identifying the true father would take a long time, as a result of which the child would be deprived of the right to receive maintenance). However, this provision does not exclude the right of an interested person to challenge the record on grounds of violation of the will (for example, if an application to establish paternity was filed under the influence of threats, violence, or in a state where the plaintiff was not able to understand the meaning of his actions or control them).

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The body of the document can either indicate complete disagreement with the plaintiff’s demands or determine the neutral attitude of the participant in the proceedings to the progress of the proceedings. As a rule, citizens resort to drawing up this kind of objection in order to indicate to the court their non-involvement in the proceedings and their innocence in the situation under consideration.

How to file a claim to challenge paternity in court

The right to bring a claim to challenge paternity belongs to those people who are registered as the child’s parents, or those who are actually the father or mother.

The application can be submitted by the child’s legal representative or by the child himself after reaching the age of majority.

The application is submitted to the court at the defendant’s place of residence and falls under the jurisdiction of the district court. When filing a claim, a state fee is paid, as for non-property claims.

The current state duty amount can be viewed here:

Witness testimony and written evidence indicating the absence of paternity are accepted as evidence to challenge paternity. Usually, a written request to obtain evidence requires a card of the pregnant woman and the woman in labor. If there is insufficient evidence, you can file a petition for genetic examination.

Objections to a claim to establish paternity

areas. I consider the stated demands to be illegal and unfounded, and therefore they cannot be satisfied by the court on the following grounds: In particular, according to Art. 2 of the Code of Civil Procedure of the Russian Federation, the tasks of civil proceedings are the correct and timely consideration and resolution of civil cases in order to protect the violated or disputed rights, freedoms and legitimate interests of citizens.

In support of his claims, the Applicant points out that when registering the fact of the child’s birth, information about the father was not included in the civil status act, due to the fact that they were not in a registered marriage, and, moreover, at the time of the child’s birth – , .

Objection to the application to establish the fact of recognition of paternity

Objection to the application to establish the fact of recognition of paternity. The applicant, acting in the interests of her minor son, applied to the district court to establish the fact of recognition of the deceased citizen's paternity in relation to the applicant's son. In support of his claims, the applicant points out that when registering the fact of the birth of a child, information about the father was not included in the civil status act, due to the fact that the applicant and the citizen were not in a registered marriage, and in addition, at the time of the birth of the child, the citizen was in a registered marriage with the respondent. Establishing the fact of recognition of paternity is necessary for the applicant to enter into an inheritance that opens after the death of a citizen. The respondent considers the stated demands to be illegal and unfounded, and therefore they cannot be satisfied by the court. The respondent asks the court to refuse to satisfy the applicant's claims.

In the ___________ district court of the ____________ region

From an interested party:

in a civil case on the application of __________________, acting in the interests of the minor son of ___________________, _______ year to establish the fact of recognition of paternity

OBJECTIONS to the application

________________________, acting in the interests of a minor son - ________________________, _______ year of birth, applied to the ________ district court of _________________ with an application to establish the fact of recognition of ____________________, who died on ___________ in the city ________ ____________ region, of his paternity in relation to ______________________, _________ year of birth. In support of his claims, the Applicant points out that when registering the fact of the child’s birth, information about the father was not included in the civil status act, due to the fact that _________________ and _____________ were not in a registered marriage, and in addition, at the time of the child’s birth – ____________, _____________ . was in a registered marriage with me - ______________________. However, as the Applicant points out, from the moment of the birth of the child until the day of his death __________. recognized his paternity in relation to ___________________________, ___________ year of birth. Establishing the fact of recognition of paternity is necessary for the Applicant to enter into the inheritance, which opened after the death of the _____________________ deceased ________ year in the city of ______ _________ region. I consider the stated demands to be illegal and unfounded, and therefore they cannot be satisfied by the court on the following grounds: In particular, according to Art. 2 of the Code of Civil Procedure of the Russian Federation, the tasks of civil proceedings are the correct and timely consideration and resolution of civil cases in order to protect the violated or disputed rights, freedoms and legitimate interests of citizens. Civil proceedings should help strengthen law and order, prevent crime, and foster respect for the law and the court. Consequently, in accordance with the current legislation, the correctness of the consideration and resolution of a civil case is interconnected with the concept of legality in civil proceedings, since it presupposes, first of all, strict compliance with the rules of procedural law in the administration of justice and full compliance of the court decision with the rules of substantive law. In the application, _____________ refers to the fact that from ___________ to __________, the Applicant and __________ lived together in the house of ____________ - the mother of my husband, at the address: ___________________________ In addition, the Applicant indicates that until the day of his death _________ took part in the maintenance of the minor _____________ However The arguments given by the Applicant do not correspond to reality. The marriage between me is ____________________, and ___________________ is registered by the Civil Registry Office of the city ________ ________ region ____________. From the moment of marriage until the death of my husband, we lived together, ran a common household, and had a common budget. In addition, since the end of ____ year, my husband ____________ together with me, permanently resided at the address: ________________________________. This fact is confirmed by the testimony of neighbors from the landing of the house in which we lived. Moreover, during the disputed period, _________ repeatedly sought medical help at his place of residence. __________ could not take part in the maintenance of the minor ____________________, since for the last several years of his life he was completely dependent on me. ____________ had no source of income, since he did not work anywhere and did not receive any social benefits. Based on Art. 56 of the Code of Civil Procedure of the Russian Federation, each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law. The applicant did not provide evidence that __________ recognized paternity in relation to _________________________, _________. In accordance with Part 3 of Art. 48 of the RF IC, paternity of a person who is not married to the child’s mother is established by submitting a joint application to the civil registry office by the father and mother of the child. Based on Part 2 of Art. 51 of the RF IC, if the parents are not married to each other, the entry about the child’s mother is made at the request of the mother, and the entry about the child’s father is made at the joint application of the father and mother of the child, or at the request of the child’s father, or the father is recorded in accordance with a court decision. According to Art. 49 of the RF IC, in the event of the birth of a child to parents who are not married to each other, and in the absence of a joint application of the parents or an application of the child’s father, the child’s origin from a specific person (paternity) is established in court upon the application of one of the parents, the guardian (trustee) of the child or at the request of the person who is dependent on the child, as well as at the request of the child himself upon reaching the age of majority. By virtue of Parts 1 and 2 of Art. 80 of the RF IC, parents are obliged to support their minor children. The procedure and form for providing maintenance to minor children are determined by the parents independently. Parents have the right to enter into an agreement on the maintenance of their minor children. If parents do not provide maintenance to their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in court. It should be noted that ____________ being in a registered marriage with me - _______________, did not deprive him of the right to submit an application to the registry office to establish paternity in relation to the minor ____________________. In addition, the current legislation gives _________________ the right to establish paternity in court in the interests of a minor son - ________________ and, accordingly, file a claim with the court to collect alimony for the maintenance of a minor son, but during the life of _____________ she did not use it. The specified circumstances, namely: permanent residence of ____________ together with me - ____________ in the city of __________, absence in the registry office of an application to establish paternity __________ in relation to a minor _____________, absence of a court decision to establish paternity ____________ in relation to a minor _____________. the absence of notarial consent or a court decision to pay alimony, as well as the lack of ____________ financial ability to support a minor ____________ indicates that ____________ is not and could not be the father of a minor ________________, ____________ year of birth, and also did not in any way recognize during his lifetime fact of paternity in relation to a minor ___________________, _________ year of birth. Moreover, I consider it necessary to inform the court about the existence of hostile relations between me and the mother of the deceased spouse - _______________ Thus, the grounds for satisfying the stated demands of _______________________, acting in the interests of the minor son of _____________________, __________ year, to establish the fact of recognition of _________________, who died on __________ year _______ ___________ region, his paternity in relation to __________________, _______________ year of birth is not available.

Based on the above, -

I ASK THE COURT: To satisfy the demands of ___________________, acting in the interests of the minor son ___________________________, _________ year of birth, to establish the fact of recognition of ______________________, who died on ___________ in the city ______ _____________ region, his paternity in relation to _______________________, __________ year of birth - to refuse.

At the court hearing, I request you to summon and question as a witness: ____________________, residing at: _________________________

__________________

" " ______________ of the year

Our lawyers are asked about: objection to a claim to establish paternity

Witnesses are needed for the court that paid. Debt can only be recovered through court, no more than 1 year ( Claim

(claims) is determined by the totality of alimony payments for one year), but it is necessary to prove that he did not pay. Case. Alimony will be collected from the moment you go to court and not for the past. If she wants problems, let her earn them for herself. So she had her penny. Now he will have from the official salary. A stupid move by someone who doesn’t know how to calculate.

You have the right to refuse DNA testing. But this will be an indirect confirmation of paternity

for the court.
DNA examination costs about 18 thousand rubles in Moscow. The procedure for establishing paternity
in the Russian Federation and in Ukraine is similar (as far as I could translate. Everything is in the power of the court; better decide for yourself. According to the law of the Russian Federation, forensic DNA examination is one of the types of evidence. If one of the parties refuses to carry out the examination or interferes with its conduct, for example does not provide.

This video is unavailable

We will look at a real-life example in which citizens go to court to establish paternity when a child was born in an unregistered marriage and the father refuses to file a joint application to establish paternity. As a rule, such appeals refer to the collection of alimony from the father. See our video for more details.

“LAWYERS” Since 2021, the human rights organization NP has been successfully operating in the field of providing legal services to citizens and legal entities. Since 2021, he has been the ideologist of the PRO BONO practice (law of public interests in the Russian Federation). All profits received from its activities are spent on improving the legal literacy of Russian citizens.

Objection to a claim to establish paternity

Paternity case. The defendant filed an objection to the claim, and in this objection he defamed and insulted me. In accordance with Article 39 of the Code of Civil Procedure of the Russian Federation, can I file an application to supplement the claim with requirements for the protection of honor and dignity and request compensation for moral damage? Will the judge be able to consider this as part of a paternity case and how much longer could the court take to make a decision? And please explain paragraph 3 of Article 39 of the Code of Civil Procedure of the Russian Federation. If the size of the claim increases, the period for consideration of the case begins from the day of the corresponding procedural action, i.e. If I file an application for protection of honor, will the child’s father pay child support from the date of filing this application, and not from the date of filing the claim to establish paternity in court?

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But no way. in free form - Slept together. He is a father, but I don’t recognize him as a father. In any case, the court will order a DNA examination. Based on its results, a decision will be made. Do you have any clarifications left? Sign up for a paid consultation +7 (950) 6953598. Lawyers on this site do not call first to offer services. Beware of scammers.

Objection to a claim to establish paternity

Good afternoon, we have the following situation in our family. My legal husband periodically dated a certain lady in 2021-2021. Vyacheslav was a police officer. He met the girl during his arrest, in the company of drug addicts, she was one of them. Vyacheslav, hoping for her correction, tried in every possible way to help her and her family

According to statistics, healthy children are rarely born to drug addicted parents. In approximately 80% of parents who have indulged in drugs to varying degrees, children are born with various anomalies and developmental defects. As a result of mother's drug addiction, children born to drug addicts grow up to be drug addicts and juvenile delinquents. Already from birth, such children (if they are still born) have drug addiction. He gets hooked on drugs while still in the womb.

Sample objection to a statement of claim challenging paternity

The medical certificates do not warn the specialist of criminal liability for giving a knowingly false conclusion. The certificates indicate that as of December 15, 2021, Ivanov I.I. cannot have children, but this does not mean that in 2021 Ivanov I.I. couldn't have children. Whether the plaintiff had the opportunity to conceive a child in 2021 will be reliably determined by the forensic genetic examination that will be carried out in this case, and the authenticity of the certificate provided by the plaintiff, indicating the inability to conceive (possibly due to a previous illness or other circumstances...) will be verified. , a forensic medical examination can reliably establish. A copy of the birth certificate of a child in marriage (provided by the plaintiff) is one of the irrefutable evidence of the fact that Ivanov I.I.

Sample objection to a claim to challenge paternity

If paternity has not been established, then against whom should a claim be filed for alimony? To a stranger? Think for yourself... Consequently, in accordance with the current legislation, the correctness of the consideration and resolution of a civil case is interconnected with the concept of legality in civil proceedings, since it presupposes, first of all, strict compliance with the rules of procedural law in the administration of justice and full compliance of the court decision with the rules of substantive law.

Whether the plaintiff had the opportunity to conceive a child in 2009 will be reliably determined by the forensic genetic examination that will be carried out in this case, and the authenticity of the certificate provided by the plaintiff, indicating the inability to conceive (possibly due to a previous illness or other circumstances...) will be verified. , a forensic medical examination can reliably establish. As follows from the explanations of the legal representative of the plaintiff D.A.D., set out in the statement of claim, “to the notary for registration of the inheritance of the minor R.Z.Ya. I didn’t apply."

Drawing up an objection to a claim to establish paternity

Most civil law disputes (collection of damage, recognition of property rights, inheritance disputes, invalidation of a transaction), family disputes (divorce, division of property, collection of alimony, establishment of paternity), housing disputes (eviction, termination of the right to use, non-obstruction of residence ), is resolved in court. This means that there is a need to write a statement of claim (if you are filing a claim) or an objection to the statement of claim (if the statement of claim is filed by the opposite party, and you are the defendant).

Free legal assistance

/ / Sample objection to a statement of claim challenging paternity According to Article 52, paragraph 3 of the Family Code, a challenge cannot be carried out if the child was born by a surrogate mother. Paragraph 2 states that contestation is also impossible if the man voluntarily registered himself as the father (although he knew that the child was not born from him).

In accordance with Article 79 (clause 3) of the Civil Procedure Code, the court can make a decision without an expert opinion. Evidence To refute the paternal rights of a certain citizen, the court will need to provide evidence. They are:

photo report, video report;
letters, testimony of third parties;
other arguments that may influence the court's decision.
genetic research;

Contents of the application There is no standard application form; when drawing it up, you should be guided by the rules listed in the Code of Civil Procedure.

Objection to a claim to establish paternity

Do you want to pet it? Leo Tolstoy slapped his clothes, taking out blue bottles from the folds, an objection to the lawsuit to establish paternity of some pockets, which we have later in the program. For me you can sleep. These are some kind of fruit trees. See. The trees were planted in rows. The lower and densely leafed ones were dotted with large human eyes, swimming like curious fish.

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If we talk about the voluntary process of resolving relations, it is simple: the parties have no objections as to who will be indicated as the father on the child’s birth certificate, they are confident in their decision, and the existence of a blood connection will be recognized after submitting a joint application. Regarding the question of where to submit the application, because in every city there are at least two registry offices, the answer is simple: most often the application is submitted to the authority that issued the child’s birth certificate. If at the time of birth the parents were not officially married or in the absence of consent to the peaceful resolution of a non-property dispute on the part of the father, applications regarding the establishment of the fact of kinship are submitted to the court at the place of residence of the plaintiff or the defendant to choose from (Article 49 of the RF IC)

Sample sample of an objection to a statement of claim

After the statement of claim in a particular case has been sent by the plaintiff to the court, the court must provide a copy of the statement of claim to the person appointed by the defendant in this case, since providing the defendant with all information about the commenced proceedings is a guarantee of compliance with the procedural rights of the party. Also, civil procedural legislation provides for the possibility of the defendant to express his disagreement with the claim in writing by filing an objection to the statement of claim.

An objection to a statement of claim is a written document in which the defendant points out the plaintiff’s unfair or unreasonable demands, supporting his arguments with references to legal norms or to available evidence that could confirm the illegality of the stated claims.

An objection to a statement of claim is a free-form document, but it is still advisable to follow the general rules for filling out court documents.

An objection to the claim must be sent to the address of the court considering the case (the court's address can be found on the postal item upon receipt of a copy of the claim). In the objection to the claim, it is necessary to indicate the requirements stated by the plaintiff, and at the same time, one’s own arguments confirming the unfoundedness of the plaintiff’s demands. An objection can be raised both on the material side of the issue and on the procedural side.

Objection to a claim to establish paternity

recognized his paternity in relation to ___________________________, ___________ year of birth. Establishment of the fact of recognition of paternity is necessary for the Applicant to enter into the inheritance, which opened after the death of the _____________________ deceased ________ year in the city.

If the parents are not married, paternity is established by their joint application to the registry office or by a court decision. If the person who recognized himself as the father of the child has died, an application is submitted to the court to establish the fact of recognition of paternity. The basis for applying to the court to establish paternity will be a situation where the parents are not married and cannot resolve the issue of paternity voluntarily.

How is paternity determined?

Rights and obligations between children and parents arise only if the relationship is confirmed by documents issued by the civil registry office, or by a court decision on an application to establish the fact of a family relationship. If the issue of determining maternity is resolved by obtaining a medical document at the maternity institution, then for fathers the issue is resolved in other ways.

First, paternity is determined by the presence of marriage. A man married to a woman will in any case be recorded as the father of the child on the birth certificate. This basis applies if the child was born within 300 days of the divorce.
Secondly, paternity is determined by a joint application by the father and mother of the child to the registry office. This basis is applicable if the father is not married to the child’s mother and voluntarily acknowledges his paternity. If at the time of recording the father knew that he was not one, then his application to challenge paternity cannot be satisfied by the court.
Thirdly, paternity is established by a court decision. If the alleged father of the child is alive, but refuses to submit an application to the registry office voluntarily, or the child’s mother refuses to recognize the man as the father, a claim is filed in court to recognize paternity. If the putative father has died, then an application is submitted to the court to establish the fact of recognition of paternity through special proceedings.

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Objections to a claim to establish paternity

It should be noted that (!) the plaintiff does not abandon the child (!)

, he had not previously applied for the exclusion of the entry about the father made in the birth certificate of the child, since in accordance with
clause 3 of Art.
47 of the Civil Code of the Russian Federation, cancellation of a civil status record in full or in part is possible only on the basis of a court decision. In accordance with Art. 52 of the Family Code of the Russian Federation, the entry of parents in the birth register, made in accordance with paragraphs 1 and 2 of Article 51 of this Code, can only be challenged in court at the request of the person recorded as the father or mother of the child, or the person who is actually the father or mother of the child . On the contrary, the plaintiff’s parents appeal to the Department of Guardianship and Trusteeship of the Department of Social Policy of the Administration of the City of Kurgan with a request not to prevent the grandmother from communicating with her granddaughter, Diana Ivanovna Ivanova.

Either parent has the right to request the court to establish parental rights and responsibilities for the biological father.
Paternity implies the maintenance and upbringing of a child, as well as the emergence of all property rights. This applies to the inheritance procedure in both directions, as well as the need to support their disabled parents (determines the persons who pay the insurance costs for the child).
Genetic examination is an unconditional guarantee of establishing paternity, but applies only to persons born in 1996 and younger.
Payment of alimony is mandatory if there are demands from the mother confirmed by the court.

25 Jul 2021 jurist7sib 155
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Objection to the Claim for Establishing Paternity

To the Kurgan City Court

Address: 640027, Kurgan, st. Dzerzhinsky, 35

PLAINTIFF : Ivan Ivanovich Ivanov Address: 640021, Kurgan DEFENDANT: Anna Sergeevna Ivanova Address: 640008, Kurgan

Dear visitors! The site offers standard solutions to problems, but each case is individual and has its own nuances.

If you want to find out how to solve your particular problem, call toll-free ext. 504 (consultation free)

The Kurgan City Court is processing a civil case based on the claim of I. Ivanov. to Anna Sergeevna Ivanova about challenging paternity.

Having read the statement of claim, I consider the plaintiff’s demands to be far-fetched, fictitious, unfounded, illegal, and, as a result, not subject to satisfaction due to the following circumstances:

In the statement of claim, the plaintiff admits that while he was legally married to Anna Sergeevna Ivanova from November 14, 2009, a daughter, Diana Ivanovna Ivanova, was born on April 4, 2010. The Plaintiff deliberately keeps silent about the fact that before registering the marriage, he cohabited with the Defendant (lived in a “civil marriage”). Further, the plaintiff indicates that he cannot recognize himself as the biological father of Diana Ivanovna Ivanova, since he physically cannot be, based on the attached medical documents.

These arguments are extremely contradictory, and the medical documents attached by the plaintiff, taking into account the relevance, Article 59 of the Code of Civil Procedure of the Russian Federation

(have significance for the consideration and resolution of the case),
admissibility, Art.
60 of the Code of Civil Procedure of the Russian Federation (Circumstances of the case, which in accordance with the law must be confirmed by certain means of proof (in this case, genetic examination), cannot be confirmed by any other evidence), and most importantly
(! ) reliability (!), in accordance with Art.
67 of the Code of Civil Procedure of the Russian Federation (Assessment of evidence) cannot be recognized as appropriate evidence and, as a result, serve as evidence in this case.
The medical certificates do not warn the specialist of criminal liability for giving a knowingly false conclusion.
The certificates indicate that as of December 15, 2011, Ivanov I. . cannot have children, but this does not mean that in 2010 Ivanov I. . couldn't have children.

Whether the plaintiff had the opportunity to conceive a child in 2009 will be reliably determined by a forensic genetic examination that will be carried out in this case, and the authenticity of the certificate provided by the plaintiff will be verified, indicating the inability to conceive (possibly due to a previous illness or other circumstances.) , a forensic medical examination can reliably establish.

A copy of the birth certificate of a child in marriage (provided by the plaintiff) is one of the irrefutable proofs of the fact that Ivanov I. . is the father of Diana Ivanovna Ivanova.

It should be noted that (!) the plaintiff does not abandon the child (!)

, he had not previously applied for the exclusion of the entry about the father made in the birth certificate of the child, since in accordance with
clause 3 of Art.
47 of the Civil Code of the Russian Federation, cancellation of a civil status record in full or in part is possible only on the basis of a court decision. In accordance with Art. 52 of the Family Code of the Russian Federation, the entry of parents in the birth register, made in accordance with paragraphs 1 and 2 of Article 51 of this Code, can only be challenged in court at the request of the person recorded as the father or mother of the child, or the person who is actually the father or mother of the child. On the contrary, the plaintiff’s parents appeal to the Department of Guardianship and Trusteeship of the Department of Social Policy of the Administration of the City of Kurgan with a request not to prevent the grandmother from communicating with her granddaughter, Diana Ivanovna Ivanova.

Regarding the nature of the relationship between the child’s mother (Defendant) and the plaintiff, it should be noted that they lived together and ran a common household before the birth of the child, the plaintiff took part in her upbringing and maintenance together with the child’s mother, recognized his paternity of the child, and participated in the birth .

Evidence of recognition of paternity can also include letters from the plaintiff, joint photographs with the plaintiff, his parents and SMS messages to the defendant’s cell phone number (copies are attached).

This trial will remain entirely on the conscience of the child’s biological father, Ivan Ivanovich Ivanov. The defendant is confident that due to obvious objective and fair circumstances, this claim will be denied. From the legal or biological side, he will retain the status of a father, but in fact, after the trial, and... . Ivanov will forever lose the opportunity for further reconciliation, not so much with the child’s mother, but with the CHILD HIMSELF.

Based on the above, and in accordance with the norms of the Civil Procedure Code of the Russian Federation, the Family Code of the Russian Federation, I ask the plaintiff to completely deny his claim.