Sometimes in life there are situations when a person finds it necessary to challenge the record of his parentage or about his parents in documents issued by the state. When the father or mother recorded in these documents is not actually the parents (parent) of the child, they can challenge the record of their parentage. Such a record can be challenged by the real parent of the child, when another person is recorded in the documents by the parent. The record of the parents can be challenged by the child himself from the age of 18, the guardian of the child.

Features of challenging the record of parents

A record of the parents is entered in the documents of the civil registry office (Registry Office) and in the birth certificate of the child.

The father or mother can challenge the record of their parentage within a year after they learned that they are not the parents of the child. When a person who is registered as a parent of a child is under the age of 18, he can file an application for challenging his paternity (motherhood) in court within a year from the moment he turned 18.

There is a peculiarity: when a person recorded as the father of a child knew at the time of recording that he was not the father of this child, the court will not meet halfway and will not invalidate the record of paternity. During the consideration of the paternity challenge case, the recovery of alimony is not suspended when the applicant, who disputes the record of his paternity, pays alimony for the maintenance of the child by court order.

As a rule, it is necessary to submit an application for challenging the record of the parents to the court of the state of which the child is a citizen. In some cases, the application must be submitted to the court of the state in which the child was born. Our lawyers, qualified in the field of family law, will help you navigate the procedure for filing an application to the court and collecting evidence to challenge the records of parents. The applicant needs to be able to prove that he is not actually the parent of the child. The evidence may be the conclusion of a genetic examination, witness statements, personal correspondence, photographs, an expert opinion that determines the relationship or lack thereof between the applicant and the child.

Enforcement of a court decision to contest paternity

When a court rules in favor of contesting paternity, it issues a decision specifying the incorrect record, including the civil registry office, the record number, and the date. The court also outlines the necessary changes or corrections to be made. Until the entry is officially declared invalid according to the legal procedure, the individuals listed as the father or mother maintain all parental rights and obligations toward the child. They cannot refuse to fulfill these responsibilities by claiming the entry is incorrect.