CONTENTS
- 1. The Client Who Sought a Family Law Specialist Attorney
- - Background of the Case
- 2. Lawsuit for Confirmation of the Existence of a Parent-Child Relationship, Explained by a Family Law Specialist Attorney
- 3. Scope of the Family Law Specialist Attorney's Assistance
- - Securing Evidence to Prove the Parent-Child Relationship
- - Interpreting the Complex Background of the Relationship and Designing the Claim Structure
- - Developing a Strategy to Correct the Family Relationship Register
- 4. Result of the Family Law Specialist Attorney's Assistance, Successful Proof of the Parent-Child Relationship
- - If You Need to Resolve a Family Law Matter
1. The Client Who Sought a Family Law Specialist Attorney
This is a case of a client who, through a consultation with a family law specialist attorney, successfully concluded a lawsuit to confirm the existence of a biological parent-child relationship and was able to be corrected and registered as a child in the biological mother's family relation register.
Background of the Case
The client brothers were all children born to the woman who had been in a de facto marital relationship with their father during his lifetime, that is, their biological mother.
However, because the parents had not filed a marriage report at the time, the brothers were erroneously registered in the family relation register as children of the father's legally married spouse.
As a result, their inheritance relationship with their legal siblings became complicatedly entangled, and the relationship of biological parentage was also distorted.
Accordingly, the clients resolved to correct their registration as children of their biological mother, but having determined that the legal procedures were difficult and complex, they decided to seek the help of a family law specialist attorney.
2. Lawsuit for Confirmation of the Existence of a Parent-Child Relationship, Explained by a Family Law Specialist Attorney
The client, who consulted a family law attorney, sought to correct the parent-child relationship recorded in the family relation register.
In such a case, it is necessary to file a suit for confirmation of the existence of a parent-child relationship, which requests the court to confirm whether a legal parent-child relationship exists between the parties (Article 865 of the Civil Act).
The persons (plaintiffs) who may file a suit for confirmation of the existence of a parent-child relationship are as follows.
Eligibility | Description |
Father, mother, child | Parties concerned under Articles 845 and 846 of the Civil Act and related provisions |
Lineal descendant of the child, legal representative | Successor of a minor or a deceased child |
Adult guardian, executor of a will, and others | Other interested parties as determined by law |
In this case, the defendant is the father, mother, or child related to the matter.
3. Scope of the Family Law Specialist Attorney's Assistance
The family law specialist attorney closely reviewed the clients' complexly entangled family relationships and the sensitive circumstance of birth from a de facto marriage.
Then, from gathering evidence to confirm the biological parent-child relationship, to designing the structure of the claim, and to establishing the litigation strategy, the attorney provided comprehensive legal assistance.
Securing Evidence to Prove the Parent-Child Relationship
To clarify the parent-child relationship between the plaintiffs and the defendant (the biological mother), the family law attorney took the lead in conducting genetic testing before filing the lawsuit.
By securing those results as evidence and submitting them to the court, the firm scientifically proved that a parent-child relationship in fact existed and made them serve as decisive evidentiary material in the lawsuit.
Interpreting the Complex Background of the Relationship and Designing the Claim Structure
The clients, although they were children of a common-law relationship, were in a complex situation in which their births had been registered under the name of the legally married spouse.
The family law specialist attorney carefully organized the process and circumstances, interpreted the related facts in legal terms, and designed the structure of the claim so that the requirements for a claim for confirmation of a parent-child relationship could be met.
Developing a Strategy to Correct the Family Relationship Register
The clients' ultimate goal was correction of the family relation registration toward the biological mother.
To this end, the family law attorney first preemptively filed a lawsuit to confirm that no parent-child relationship existed with the legal spouse, and then proceeded sequentially with the present lawsuit, a claim for confirmation of a parent-child relationship.
Through this strategic order of filing the suits, the attorney structured the case so as to lead the court's judgment more persuasively.
4. Result of the Family Law Specialist Attorney's Assistance, Successful Proof of the Parent-Child Relationship
After the systematic assistance of the family law attorney, the court accepted the DNA test results and the explanation of the overall background of the case and recognized the parent-child relationship between the plaintiffs and the defendant.
Accordingly, the plaintiffs recovered their legal status as biological children and established a basis for correcting the family relation register under the birth mother's family registry.
If You Need to Resolve a Family Law Matter
The case above is one in which, in a situation where an incorrect blood relationship had been formed due to an error at the time of birth registration, the family relationship could be corrected through the family law attorney's legal interpretation, securing of evidence, and procedural design.
Daeryun Law Firm has numerous specialized attorneys in each field, including family law and inheritance attorneys.
Rather than working alone, the firm assists with cases as a team and has an all-around response system through continuous case monitoring.
If you are troubled by a similar matter, please entrust your case at any time through 🔗Legal Consultation Booking.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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