How to cancel or withdraw Vaterschaftsanerkennung .

Question

How to withdraw Vaterschaftsanerkennung. Please what can I do .

Comments

Hi, can you explain what you mean by 'father chart'? Do you mean 'Vaterschaftsanerkennung'?

Answer 1

Vaterschaftsanerkennung . Yes please
Reason I'm doing this . I don't want to be in court always . And I give out the 100 percent right to the mother. She wanted it and I even not allowed to talk or see my son.  So I'm just 27 I don't want to have problems. I want to give her everything so I can have more focus in life . I wouldn't want to bring my him to court . I love him . But need to let go . And I wouldn't want to pay for child support since the mother said is not mine.  I want to take everything out . So she have him . Need advice please.

Comments

Hi. Talking from experience you can't cancel it. If you had doubts you should have had DNa test done. NB* The test is done legally and with consent of the mother. Also if you stop paying Unterhalt you will be in errors. If the child is not yours as you say the court will order a DNA test. If you are working you will bear the cost. Jugendamt too can assist both of you. it took me a whole year to have a DNA test. When both parties are not agreeing court etc will always be involved and its stressing. All the best.

Answer 2

Hi @Nevv

It is not possible to withdraw a Vaterschaftsanerkennung. If you believe you are not the father, you can challenge it in court. This is called ‘anfechten’. The court will order tests to be done to establish if you are the father or not.

This article (in English via online translation) gives a good overview of the process:

https://***-rechtsanwaeltin--katja--becker-de.translate.goog/vaterschaftsanfechtung.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

There is a time limit to challenge the Vaterschaft. It has to be done within two years of finding out you may not be the father.

You have to get legal advice if you wish to take this step.

However, if you are the father, you have the right to have contact with your son. This is separate to the 100% Sorgerecht custody right that the mother has. The right to have contact and see your son is called ‘Umgangsrecht’ and the mother has to enable this contact. Ideally parents can come to an arrangement between themselves about where and how this contact will take place. If this is not possible, then you can get assistance from a family advice centre (Familienberatungstele). Here you can search for one in your area and also for a particular language:

https://***-bke-de.translate.goog/bke/beratungsstellensuche?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

If a parent is still not able to assert their access rights ‘Umgangsrecht’, then they can also apply to the family court to get a court order to force the other parent to cooperate.

If you cannot afford the costs of a lawyer yourself, you can apply for free legal advice (Beratungshilfe) and/or free court representation (Prozesskostenhilfe).

Best,

Éanna