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The following article was published in our article directory on January 21, 2012.
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Article Category: Advice
Author Name: Advokatu kontora
Conditions for contesting paternity (maternity)
Data on the mother or father of a child contained in the record of the child's birth may be contested only in court. Data on the mother or father of a child entered in the record of the child's birth on the basis of a res judicata judicial decision may not be contested.
Grounds for contesting paternity (maternity)
The paternity of a child born to a married couple or within three hundred days of the dissolution of marriage may be contested only by proving that the person cannot be the father of the child. The maternity or paternity of a child adjudicated on the basis of an application acknowledging parentage may be contested by proving that the child's mother or father not the biological parent of the child.
Persons entitled to file an action for contesting paternity (maternity)
Actions for contesting paternity or maternity may be filed by the person entered in the record of the child's birth as the child's mother or father, or the person who, although not recorded as the child's mother or father in the record of the child's birth, considers himself the mother or the father of the child, or the parents or guardians (curators) of the minor entered in the record of the child's birth as the child's father, or the child on attaining majority, or a minor on attaining full active capacity. Where the child's mother or father is legally incapable or of limited active capacity, an action for contesting maternity or paternity may be filed by his or her guardians or curators. An action for contesting the paternity of a man who is dead may be filed by his descendants if the person recorded as the child's father died within the limitation period.
Limitation period for proceedings
The limitation period for filing a suit for contesting paternity (maternity) shall be one year as from the day when the plaintiff became aware of the disputed data in the record of the child's birth or of certain circumstances giving reason to believe that the data are not truthful. Where the persons recorded in the record of the child's birth as a child's mother or father became aware of such a record at the time when they were minors or legally incapable, the one-year limit shall be calculated from the day they attained majority or full active capacity. The res judicata court judgement on the annulment of paternity (maternity) shall be sent to the Registrar's Office that registered the child's birth within three business days of its effective date.
Keywords: Advokatų kontora, Alimentai, alimentu priteisimas, Darbo sutartis, Skyrybos, Skyrybu advokatas, Skyrybu dokumentai, Sutarčių rengimas, Sutartys
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