Recognition by the biological father: Your rights
Questioner
Hello, I gave birth to a son a few months ago. The biological father, with whom I have not had good contact for some time, now really wants to acknowledge my son. I myself am very much against it because of his background, as he drinks a lot of alcohol, was aggressive towards me at the time and had indicated that he absolutely did not want the child. Now my question is what is the best thing to do. He has already threatened to come with a lawyer. And I don't know what my chances are if there is a lawsuit. Because I absolutely do not want him to have any right to speak about my son.Lawyer
Every biological father has the right to recognition of his child and every child has the right to recognition by his/her father. Judges find recognition important because every child has the right to know where he/she comes from, even if you as a mother may not find this important. Recognition also creates a right to contact and access and an obligation to pay maintenance for the child. However, the fact that these rights arise does not mean that there will actually be a contact arrangement or that maintenance must be paid. Perhaps the father cannot pay maintenance because he does not have the means to do so and perhaps there is a reason not to establish a contact arrangement due to the fact that he is unable to accommodate and care for the child. However, these are separate matters about which the judge will have to make a separate assessment of interests. However, recognition in itself is separate from this. This is only a legal confirmation of the 'truth', namely that the man is the biological father of the child. In practice this means that if the gentleman hires a lawyer and starts proceedings at the court, a DNA test will take place. Unless you do not deny that the gentleman is the father. Note, if you deny this and it turns out that you did know that the gentleman was indeed the father, then the judge can also determine that you must pay the costs of the DNA test. If this investigation shows that the gentleman is the father, the judge will almost certainly grant substitute permission for recognition. This permission replaces your permission, so that the gentleman can still recognize his son.Neem de volgende stap
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