Do you believe that you are not the biological father of the child, even though the legal presumption of paternity is in your favour? Or are you the child’s mother and need to protect the child’s interest in a dispute over the denial of paternity? We can help you assert your rights.
Biological and legal paternity need not be identical, and not only the father but also the mother of the child may have an interest in denying paternity. However, their procedure and the legal time limits for denial differ.
Denial of paternity, whether by the mother or the father, always brings not only a legally complex but above all an emotionally very challenging situation. At such a time, most of our clients have appreciated being able to leave the solution to a professional who can resolve the matter quickly and sensitively, yet with the best interests of the child in mind.
I pride myself on clear and transparent communication. This way, the client always knows the status of the case, where the case is heading and what the next legal steps will be. The client’s expectations are much better.
According to the law, a contract is supposed to reflect the will of the contracting parties. We are here to make it simple, easy to understand, and to ensure that everything goes smoothly without unnecessary hassles.
Denying paternity depends to some extent on just how paternity was determined. In fact, the law knows the so-called presumptions of paternity. If we simplify the words of the law very much:
During our many years of practice, we have helped people in a variety of situations:
Tip: We address in detail the issue of determination of paternity, including possible exceptions and specific situations, in our separate article.
As we have already mentioned, the establishment of paternity largely follows the manner in which paternity was established. If the husband of the mother has doubts about his paternity, he can go to court within six months of learning that he may not be the father and ask the court to deny his paternity. However, the latest he can apply to the court is before the child reaches the age of six.
A mother can also deny paternity. However, she has a shorter time limit imposed by law; she can only file a petition in court within six months of the child’s birth against her husband. If the father has been designated by a consent declaration, then within six months of that declaration.
We recognise that these cases are not about the “mere” application of the law, but also about the complex structure of interpersonal relationships and, above all, the interests of the child. Therefore, we consult with you every step of the way and proceed with maximum sensitivity so that our approach escalates the relationship as little as possible. However, if this is unavoidable, we can quickly reach an effective solution.
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