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- What Does a Paternity Determination Case Look Like in Court?
What Does a Paternity Determination Case Look Like in Court?
It is generally presumed that the father of a child born during a marriage (or within 300 days after its formal dissolution) is the mother’s husband. However, the situation becomes more complex with children born out of wedlock. In such cases, it is often necessary to establish or deny paternity based on DNA testing. This also applies to infants born to a married woman who is in a relationship with a man other than her husband.
Are you interested in learning how paternity tests are conducted and their cost? Or perhaps you want to understand the course of a paternity determination or denial case, including the types of questions asked during proceedings? We invite you to read the article for more information.
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Acknowledgement of Paternity vs. Judicial Determination
From a legal standpoint, children born out of informal relationships have an unclear lineage. In such cases, specific steps are often required to determine paternity. Practically, the mother’s partner can voluntarily acknowledge his parental rights and responsibilities towards the child (whether unborn or already born). This involves making a formal declaration before the head of the civil registry office, and typically, DNA tests are not required.
If the alleged father does not accept responsibility for the minor or has serious doubts about his biological parentage, a court case to establish paternity becomes necessary. What does this process entail? According to specialists from our detective agency in Warsaw, initiating the case requires filing an appropriate petition. The lawsuit should include the personal details of the parties involved, including the minor, as well as a justification for initiating the proceedings.
DNA Investigations and Tests
Judicial determination or denial of biological parentage typically relies on a DNA paternity test. Specialized tests can be conducted both during pregnancy and after the child’s birth. The cost of these analytical measures varies depending on several factors, including timing, the type of sample tested, and the method of collection. DNA paternity tests performed by professional laboratories in Warsaw and other cities indicate paternity with a 99.999% probability and exclude it with 100% certainty, making it the most effective method for confirming or denying a biological relationship between an adult and a presumed child.
The Course of a Paternity Case
Wondering what a paternity case entails? These proceedings generally take place before the district court in the jurisdiction of the defendant’s residence. Active participation from the alleged father throughout the process is essential; otherwise, the judge may impose a fine or order a compulsory appearance.
A paternity test from a laboratory associated with our detective agency in Warsaw serves as crucial evidence. During the trial, the court also questions the mother, the alleged father, and additional witnesses. Questions in a paternity denial or confirmation case may cover:
- the history of the relationship between the partners;
- intimate cohabitation;
- potential sexual relations between the mother and other men.
The testimonies provided by all parties are then subject to verification.
Establishing paternity - why is it so important?
From a legal point of view, establishing biological parentage, if only through methods such as a paternity test (the price of which is generally low), is considered very important. It makes it possible to discover the actual origin of the child. This promotes the normalisation of relationships between former partners, as well as between parents and their offspring. Men whose paternity has been confirmed through DNA testing can be asked to pay maintenance for their offspring. On the other hand, it must also be remembered that they have the right to maintain contact with their children. If you would like to find out more, please contact us.
