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New Jersey Paternity Lawyers
Trusted Family Law Attorneys Help Families with Paternity Issues Across New Jersey
Families come in all shapes and sizes–and non-traditional family combinations are no less “families” than the traditional nuclear families. Paternity is the term the law uses to describe a person’s status as a child’s legal father. While many people think of paternity in terms of biology, you don’t have to be a child’s biological father to be that child’s legal father.
At Team Law, we have years of experience helping clients with complex family law matters. We are here to protect your rights as a family. Whether you’re dealing with child custody, child support, or other family matters, our attorneys have the skills to help you resolve the matter.
Having full information is the first step to making sure your family is protected. That means speaking with an experienced New Jersey paternity lawyer.
At Team Law, we’re always here to help. Contact us today so that we can discuss your unique situation. Consultations are always confidential so that you can speak freely about your case.
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How Can You Establish Paternity Under New Jersey Law?
As noted, paternity is not always about biology. It’s about your rights and obligations as a child’s legal father. Some paternity cases do involve biology–perhaps you are a mother seeking to enforce the paternal obligations that apply to your child’s father. In other cases, paternity is about legality.
Under New Jersey law, when two people are legally married, each party is assumed to be a legal parent to any children they have. This assumption can, of course, be challenged–and paternity can be established through other legal means.
You can establish paternity by:
- Voluntarily signing a certificate of parentage at the hospital, a county welfare office or county registrar
- Court-ordered DNA testing
Even if you voluntarily admit to being the child’s father, you should still make sure that you sign the child’s birth certificate.
Why is it Important to Establish Paternity for Legal Purposes?
Establishing paternity is important to all parties involved–including mother, father and child. A child’s legal father has the right to share in parenting time, whether through visitation or physical and/or legal child custody. A legal father also has an obligation to financially support the child.
Establishing paternity can also:
- Allow the child to be covered under the father’s employer-sponsored health insurance
- Protect the child’s rights to government benefits based on family status, like Social Security survivor benefits
- Give the child the right to inherit the father’s property upon his death under state intestacy laws
- Give the father the legal right to sue for custody
- Give the mother the legal right to child support and provide financial protection for the child
- Protect the father’s right to participate in important decisions regarding the child’s life
Once legal paternity has been established, both parents will share in the obligations and rights of parenthood. It should be noted that New Jersey courts strongly support the idea that both parents should be involved in a child’s life.
After paternity is established, disputes often arise. For example, a mother may wish to establish paternity to enforce child support laws–but not want to give up time with her child to permit the father’s involvement.
In reality, it is the best interests of the child that will control. Unless it is possible to establish some reason–violence, neglect, etc–that the father should not have custody or visitation rights, the father will have the legal right to be involved.
At Team Law, our lawyers can help you resolve these and other complex family matters. We are skilled mediators who will work to smooth the process and reach an agreement that fairly protects your interests. To learn more about how an experienced New Jersey paternity lawyer can help, call our office to schedule a confidential case evaluation today.
Get Advice From An Experienced New Jersey Family Law Attorney. All You Have To Do Is Call 1-800-TEAM-LAW To Receive Your Confidential Case Evaluation.
Schedule a Confidential Case Review with an Experienced New Jersey Paternity Lawyer Today
At Team Law, we are here to answer any questions that you have about establishing paternity or your rights as a father. We can help with the process of establishing paternity and protecting your rights. Our experienced family lawyers can also help with the complex child custody and child support issues that often arise after paternity is established.
Having an experienced family law attorney by your side can be key to protecting your interests in a paternity dispute. At Team Law, we have decades of experience and a proven track record of helping clients successfully resolve their family issues.
We offer a confidential case review for every client. Contact us today to learn more.
Frequently Asked Questions About Paternity Matters in New Jersey
Modern technology gives society the means to test for paternity using a saliva test. Both mother and father submit saliva samples to the DNA testing facilities. If the results come back and indicate that there is a 95% chance or more that the father is the biological father, paternity is established. Fathers have a legal right to request paternity testing.
You can file a complaint to establish paternity from a legal standpoint. The mother is named as a party in all cases (even if she is not the party requesting the paternity hearing). Any other interested parties are named or given notice. A conference will be scheduled, where the presumed father can admit paternity. Additional hearings may be required. The court has the authority to order genetic testing (contempt of court charges may apply for refusal). The court makes the final order and can then impose child custody, visitation, and child support orders.
Yes. As the presumed father, you have the right to submit evidence. You can challenge the results of genetic testing based on fraud, inaccuracies, etc. Usually, the court will simply order another DNA test. The court may use a saliva test or an HLA blood test.
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