Does paternity law exist?

Paternity law is a set of statutes that detail how to establish the paternity of a child in the state of New Jersey. Paternity establishment is a part of Family Law.

How to establish paternity in New Jersey?

Establishing the paternity of a child can only occur for unmarried couples. When a couple is not married they will have a few options to help establish paternity depending on their circumstance.

1. Completing a voluntary acknowledgment of paternity form also known as a Certificate of Parentage form at the hospital after the birth of a child.
2. If the alleged father is not present at the hospital he may complete a Certificate of Parentage at a local Registrar’s office.
3. If the Certificate of Parentage has not been signed and both the alleged biological father and/or mother have doubts about the paternity of their child.

The alleged biological father or mother can file a paternity petition with Family Court. If the Judge or Magistrate accepts the petition. A court order to appear in court will be issued to the defendant.

When both parties appear in court the Judge will request a genetic test (paternity test) be performed in order to help establish the paternity of the child.

Do I have to go to court before I perform a paternity test?

No. The determining factor on when paternity will depend on how contentious the communication is between the alleged father and the mother of the child. If this is the case, either parent can file a paternity petition in Family Court.

If your petition is accepted a court order will be issued to the respondent.

How does a court-admissible paternity test work?

If you require a paternity test to be admitted into Family Court then you will need to perform a legal paternity test.

Home Paternity Test kits like the ones purchased at CVS and Walgreens are for informational purposes only and cannot be admitted as evidence in Family Court.

Only a legal paternity test performed by an AABB-accredited laboratory is accepted by Family Courts in New Jersey and nationwide. To schedule, an appointment in New Jersey. Contact our office today at 888-204-0583.

Why is it important to establish the paternity of a child?

Paternity Establishment is extremely important for the development of a child. It allows the child to build confidence because he or she will know who they are and where they come from.

Inheritance

Another reason to establish the paternity of a child is inheritance. When paternity is established it allows the child an opportunity to legally inherit their father’s resources if any with little to no obstacles.

Social Security Benefits

Another reason to establish the paternity of a child is for Social Security benefits. When a father’s name is not on the birth certificate and the biological father passes away. The Department of Social Security will not issue benefits unless you can prove the paternity of the child.

If the child’s mother does not communicate with the deceased father’s family effectively. It will be difficult to establish a paternal biological relationship if the deceased father’s samples are unavailable or his family members refuse to partake in the DNA testing process.

Child Support

Every child born needs to be supported. Once paternity has been established it will allow a Judge to set the parameters of custody and monthly support payments.

Conclusion

Paternity Law in the state of New Jersey is a set of statutes that detail what will is necessary to establish the paternity of a child.

We recommend that you speak with a Family Law Attorney to ensure that you understand all legal ramifications before signing documents.

If you require a legal paternity test please do not hesitate to contact our office today at 888-204-0583 to allow one of our DNA testing specialists an opportunity to assist you with your DNA testing needs.