Dealing with a father's refusal to acknowledge his child is an emotionally complex and sensitive situation. As an expert family law attorney in Milan, lawyer Marco Bianucci deeply understands the difficulties a parent faces in these moments, where protecting the child's rights becomes the absolute priority.

Judicial Declaration of Paternity

The Italian legal system offers a specific tool to protect children born outside of marriage when a parent evades their duties: the judicial declaration of paternity. This legal action aims to biologically and legally ascertain the parent-child relationship, guaranteeing the child all ensuing rights, from financial support to inheritance rights.

Refusal of DNA Testing

Often, the main obstacle in these matters seems to be the man's refusal to undergo DNA testing. It is crucial to know that, according to established jurisprudence, the unjustified refusal to undergo hematological and genetic tests does not halt the proceedings. On the contrary, it can be considered by the judge as evidence in favor of paternity, especially if supported by other indications demonstrating an intimate relationship during the period of conception.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, an expert family law attorney in Milan, focuses on the utmost protection of the child and minimizing the emotional impact for the parent initiating legal action. The Bianucci Law Firm meticulously analyzes each individual case, carefully gathering all necessary documentary and testimonial evidence to build a solid and strategic case. The goal is to guide the client through a clear legal process, providing constant and professional support at every stage of the proceedings, from drafting the application to the final ascertainment and subsequent calculation of child support.

Frequently Asked Questions

How long does it take to obtain a judicial declaration of paternity?

The timeline for a judicial declaration of paternity case can vary depending on several factors, such as the complexity of the case, the court's workload, and the opposing party's attitude. Generally, it is a process that requires thorough investigation, including the appointment of a court-appointed technical consultant for DNA testing, and unfolds over several months.

Can I claim backdated child support if the father is recognized by the judge?

Yes, jurisprudence establishes that the obligation to support a child arises from the moment of birth. Therefore, once paternity is ascertained, it is possible to claim reimbursement for expenses incurred for the child's maintenance since birth, taking into account the parents' financial capacities.

What happens if the alleged father does not appear in court?

Default, meaning the alleged father's failure to appear in court, does not halt the proceedings in any way. The judge will continue the process, evaluating the evidence provided by the applicant. If the alleged father, duly summoned, does not appear for DNA testing without a valid reason, the judge will draw inferences from this omission.

Protect Your Child's Rights: Contact the Firm

If you are facing the refusal of a child's acknowledgment and wish to pursue legal action for a judicial declaration of paternity, it is essential to seek the assistance of a competent professional. Contact lawyer Marco Bianucci at the Bianucci Law Firm at via Alberto da Giussano, 26 in Milan, to schedule an initial consultation. During the meeting, we will analyze your specific situation to outline the most appropriate legal strategy to protect the child's rights and future.