Judicial practice shows that with an increase in the number of civil marriages, the number of citizens' appeals, trying to bring negligent parents to justice and establish the legal status of paternity in court, also grows. The first point on this path is the preparation of a statement of claim on the establishment of paternity and the implementation of the child's legal rights guaranteed by Art. 47 of the Family Code of the Russian Federation
Instructions
Step 1
Write the initial details of the addressee, plaintiff and defendant in the upper right corner of the sheet, which is traditionally reserved for indicating this information. Start with the name of the court to which you will submit your application for consideration and its location. Immediately below it, write the last name, first name, patronymic and home address of the plaintiff, and then similarly the coordinates of the defendant. Do not forget to provide your contact phone number for communication. In the center of the sheet, place the name of the document "Statement of Claim", and briefly the topic of going to court: "on establishing paternity."
Step 2
Start the substantive part by describing the circumstances of the case. Be as short and specific as possible. Indicate the name of the defendant, the date of marriage with him, the period of cohabitation and the name of the child born in this marriage. Inform the court about the defendant's refusal to recognize paternity and provide evidence of cohabitation and raising a child, running a common household, etc. At the end, list the articles of the Family Code of the Russian Federation that allow you to demand that the defendant be recognized as paternity
Step 3
Next, contact the court with a list of your requirements against the defendant. To do this, after the word "Please" list them point by point. And the first one will begin with the word "Establish" (that the respondent is the father of the child). The second point (if necessary): "Collect from the defendant." And the third will contain a request to call and interrogate the witnesses listed by you in support of the claim
Step 4
In the final part, list in the "Attachments" section all the documents that will be presented to the court along with the statement of claim. This will be a receipt for payment of the state duty, a copy of the child's birth certificate, a copy of the statement of claim, a statement of the defendant's income and documents confirming the eligibility of your claims against the defendant. Indicate the date of the application and sign.
