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Deals & Cases

Confirmation of Non-Existence of a Parent-Child Relationship

Busan Family Attorney | The Busan Family Attorney Proves That No Parent-Child Relationship Exists

The client wished to file a lawsuit for confirmation of the non-existence of a parent-child relationship. The family attorney at the Busan office immediately set about analyzing the details of the client's case.

CONTENTS
  • 1. How the Client Came to the Busan Family Attorney
    • - The Client Who Requested the Busan Family Attorney's Assistance
    • - The Statutes Relevant to the Case, Explained by the Busan Family Attorney
  • 2. The Busan Family Attorney's Assistance
    • - The Busan Family Attorney's Assistance 1 | Genetic Testing
    • - The Busan Family Attorney's Assistance 2 | False Report
  • 3. Result of the Busan Family Attorney's Assistance: Claim Granted
    • - The Busan Family Attorney's Case Check

1. How the Client Came to the Busan Family Attorney

How the Client Came to the Busan Family Attorney

The client, after learning of the defendants' existence, requested the assistance of the family attorney at the Busan office to confirm the facts.

The Client Who Requested the Busan Family Attorney's Assistance

The account of the client who requested the Busan family attorney's assistance is as follows.

The client is the plaintiff who filed this lawsuit for confirmation of the non-existence of a parent-child relationship, and is an interested party in this case.

Not long ago, while pursuing an adjudication petition for the division of the inherited property of the client's sibling, the client learned of the defendants' existence for the first time and was greatly shocked.

The client then received the Busan family attorney's assistance in order to confirm the facts.

As a result, it was confirmed that the defendants were recorded as the biological children of the client's mother in the removed family register of the client's mother and her former spouse, A.

In reality, however, it turned out that they were children born between A and another person of unknown name.

Having confirmed this fact, the client resolved to file a lawsuit to prove that no parent-child relationship existed between the defendants and the mother.

The Statutes Relevant to the Case, Explained by the Busan Family Attorney

A lawsuit for confirmation of the non-existence of a parent-child relationship is a lawsuit to confirm that no legal parent-child relationship exists between a parent and a child.

The court also determines whether a parent-child relationship exists on the basis of evidence such as the removed family register.

Because a claim is not granted immediately upon being filed, in order to correct the relevant facts you must be able to gather proper evidence that can support your assertions.

However, it is by no means easy for an ordinary person without specialized legal knowledge to consider and prove all of these aspects.

It is therefore recommended to look from the outset for a way to resolve the matter through an attorney experienced in this area.

▶Grounds for a Lawsuit to Confirm the Existence or Non-Existence of a Parent-Child Relationship

- If there has been a false birth report

- If the family relation register records the child as having been born between persons who are not the biological parents

▶Civil Act Article 855 (Affiliation)

① A child born out of wedlock may be acknowledged by its biological father or mother. If the parents' marriage is void, the child is deemed a child born out of wedlock.

② A child born out of wedlock is deemed a child born in wedlock from the time the parents marry.

2. The Busan Family Attorney's Assistance

Through consultation with the client, the Busan family attorney gathered and analyzed the evidence and presented the following arguments.

The Busan Family Attorney's Assistance 1 | Genetic Testing

The genetic testing of the client and the defendants showed that no maternal relationship was recognized between them.

Accordingly, the attorney emphasized that the defendants had no parent-child relationship with the client's mother.

The Busan Family Attorney's Assistance 2 | False Report

The client's mother married A before remarrying and then divorced him by agreement.

The attorney emphasized that, after that, A had falsely reported children born out of wedlock, including the defendants, as the biological children of the client's mother during his marriage to her.

3. Result of the Busan Family Attorney's Assistance: Claim Granted

Result of the Busan Family Attorney's Assistance: Claim Granted

Accepting the Busan family attorney's arguments, the court issued a judgment "confirming that no parent-child relationship exists between each of the defendants and the client's mother."

Satisfied with the result, the client expressed thanks to the family attorney at the Busan office.

The Busan Family Attorney's Case Check

Daeryun Law Firm 🔗non-existence of a parent-child relationshipprovides thorough assistance in complex family cases such as these, on the basis of an accurate grasp of the facts and the legal grounds.

The Busan family attorney accompanies clients through all related legal procedures and, where necessary, provides a one-stop legal service through collaboration with relevant legal experts.

If you are facing difficulties in a situation similar to the case above, please entrust your case to the Busan family attorney.

부산가사전문변호사 조력 | 부산가사전문변호사, 친생자 관계 존재하지 않다는 점 입증

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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