Zaprzeczenie ojcostwa - czy można płacić alimenty na nie swoje dziecko?

Quick contact with the law firm: 📞 695 560 425 🌐 https://kancelaria-klisz.pl/ 📩[email protected] More information about divorce and division of property - ℹ️ https://rozwod-i-podzial-majatku.pl/ Can paternity be denied when the marriage is already falling apart and the wife is expecting another man's child? What does paternity denial look like in practice from the perspective of divorcing spouses? This video is a guide to one of the most emotional and difficult topics in family law—when the law lags behind reality, and a man must fight to avoid becoming the father of a child who is not his. 🔍 What you'll learn from the video: What exactly is a paternity denial and when can it be performed? Why is the presumption of a child's parentage still in effect in Polish law? How long does a pregnancy "last" according to the regulations (up to 300 days after a divorce!) and why does this lead to absurd situations? What are the deadlines for denying paternity and what to do if they've already been exceeded? What is the court procedure like – who sues whom and in which court is the case pending? Why are DNA tests often not sufficient if they were performed privately? What to do if the child's mother refuses DNA tests? In what situations can a prosecutor intervene in a case? What are the real costs and duration of a paternity denial case? And why does the child's biological father... often have no say in the matter? ⚖️ Why is this topic so important? Family law stipulates that if a child is born during a marriage or within 300 days of its dissolution, the mother's husband is automatically presumed to be the child's father. This rule protects the family in many cases and provides stability for the child, but it sometimes leads to drama and unfair consequences. A divorce court, even if everyone knows the child is from another relationship, must order child support for that child—until the presumption is rebutted in a separate paternity dispute proceeding. Only after a final district court ruling can this error be "corrected." The film demonstrates step-by-step how to defend against such a situation. Viewers will learn about regulations, case law, and practical examples from the courtroom—including stories of men who had to go through lengthy and expensive proceedings to prove they were not the fathers of children born during the marriage. 🧬 DNA Testing and Paternity Disputes The film also addresses the topic of genetic testing. Although a DNA test seems like obvious and irrefutable evidence, in practice, courts often do not recognize private tests conducted outside of court proceedings. You will learn what a proper DNA test for a paternity case entails, who covers the costs, which institutes perform such tests, and why the court may disregard all other evidence if the test result is unambiguous. We also discuss cases where the child's mother refuses to provide genetic material. In such situations, one can request the restriction of her parental authority or the intervention of a guardianship court. However, even then, enforcing such a decision can be difficult, leading to many proceedings ending inconclusively. ⏰ Deadlines That Decide Everything One of the most crucial issues is the deadline for denying paternity. The Family Code gives the mother's husband only one year from the moment he learns that the child is not his. This is a very short time, especially in a world where divorce, infidelity, and emotional crisis overlap. After this deadline, the only recourse may be the intervention of a prosecutor—and this mechanism is discussed in detail in the video. 👨‍⚖️ When can a prosecutor help? Not everyone knows that a prosecutor can file a lawsuit to deny paternity in the public interest or to protect the child's well-being. They can do so at any time, even after the child has reached adulthood. This is often the last chance to right an injustice and recover the truth about the child's parentage. Denying paternity is a difficult but extremely important topic—especially for those who find themselves in a situation where emotions clash with the law. It's worth knowing your rights and knowing how to act before it's too late. Table of Contents 00:00 Introduction 02:23 Presumption of paternity 06:59 When does the presumption of paternity apply and how can it be rebutted? 9:40 AM Short deadline for denial of paternity 12:12 PM What does a court case for denial of paternity look like? 2:36 PM How can a man prove that he is not the father of a child? 4:04 PM How are DNA tests performed? 5:52 PM Can a child's mother refuse DNA testing? Attorney Iwo Klisz and Partners - Law Firm in Wrocław Address: ul. Kazimierza Wielkiego 1, 50-077 Wrocław Phone: +48 71 740 50 00 Firm Branches: POZNAŃ - ul. Dominikańska 7/4 KATOWICE - ul. Sobieskiego 27/30 GDAŃSK - ul. Kartuska 31c/1 WARSAW - ul. Zamieniecka 62/64 BYDGOSZCZ - ul. Poznańska 19/1a