If you’re in a functional romantic relationship and have kids together, no one even thinks about testing or proving paternity. There is no need; the family unit is the family unite. However, if a mother’s unmarried and has a child with someone who refuses to pay child support; or a husband thinks his wife’s child isn’t his; then that is an entirely different kettle of fish.
https://kingstonlawgroup.com/how-is-paternity-determined-in-new-jersey/
2. What is paternity?
How to Establish Paternity?
How Would a Court Order a DNA
Test?
Is There a Deadline to Establish
Paternity?
3. ● If you’re in a functional romantic relationship
and have kids together, no one even thinks
about testing or proving paternity.
● However, if a mother’s unmarried and has a
child with someone who refuses to pay child
support; or a husband thinks his wife’s child
isn’t his; then that is an entirely different kettle
of fish.
● This is a significant and challenging issue that
can affect family members for decades, perhaps
for life.
4. What is Paternity?
Paternity is a legal determination that Man X is
Child Y’s actual biological parent.
A man’s paternity may not be established upon
the child’s birth. A man may challenge paternity
under certain circumstances.
Legal status comes with the rights and
responsibilities of parenthood, including the
right to:
Custody and/or parenting time
Parental obligations for child support
5. How to Establish Paternity?
If both parents are married when the child’s
born, it’s assumed the husband is the father.
Paternity must be established to create a legal
relationship between an unmarried father and
child.
It’s the first step toward paying child support
and for the father to get child custody or
parenting time.
6. How to Establish Paternity?
If a man agrees he’s the father, he can sign a
Certificate of Parentage (COP) to document his
voluntary acknowledgement.
This can be done as early as in the hospital after
the child’s born.
Teenage boys, not just adult men, can establish
paternity without a parent’s or legal guardian’s
consent.
7. How Would a Court Order a DNA Test?
An interested party (mother, the presumed
father, a potential biological father, or the child)
can file an action for paternity.
If the party wants to challenge the legal
presumption of parentage (that the mother’s
husband is the father), they must provide the
court with clear and convincing evidence of an
alternate basis for parentage.
The court will order a DNA test depending on
the claim’s timing and other facts.
8. How Would a Court Order a DNA Test?
The test requires a small saliva sample.
If the test score is 95 percent or above, then
the man is legally presumed to be the father.
The court will issue a Judgment of Paternity
based on test results and other evidence.
9. When can genetic testing be done?
If the alleged father disagrees, the mother can
start the process
If a man believes he’s the father, but the mother
denies it, he can go to court for an order
If a minor accuses someone of being their father,
they can ask a court to order a test
A court or county child welfare office may also
order a test
10. Is There a Deadline to Establish Paternity?
New Jersey’s Parentage Act governs this
process.
It generally requires that a legal action to
establish paternity be filed within five years
after the child reaches 18, so the statute of
limitations is 23 years from the birth date of
the child.
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