Establishing Paternity for a New Jersey Father’s Rights Case

Paternity is the legal establishment of fatherhood between a man and his child. A man could voluntarily declare paternity of his child, or a mother might petition the court to assist in determining her child’s father so that he would also have responsibility. Once legal paternity is established, the father may have a duty to provide support for the child and could gain rights to visitation or custody. If you are trying to prove paternity, then you need legal representation from our New Jersey father’s rights attorneys at Moskowitz Law Group, LLC. We can review the evidence and put together a strong case on your behalf. With over 50 years of collective legal experience, you can trust that our team will provide knowledgeable legal support on your behalf.

How To Establish Paternity

If you are a mother that is trying to prove that a certain man is the father of your child, then there are a few steps you should take:

• Before you involve the courts, ask if the alleged father will voluntarily acknowledge paternity. He can sign a Certificate of Parentage with a local registrar or County Welfare Agency in order to avoid time-consuming court hearings and expensive fees.
• If the alleged father refuses, then you should pursue court action.

Unmarried couples should file and FD complaint, while married couples should file an FM complaint. In this petition, you may request that the court orders a paternity test. Once the request is processed, the court will notify you and the alleged father of the hearing date.

At the hearing, the man is given a chance to accept the paternity test request. The paternity test is a simple DNA test in which medical professionals wipe the inside of the cheek. Since this type of test is recognized to be 99% accurate in New Jersey, a judge will most likely rule that a man who tests positive is the father. To ensure that you have proper legal support throughout your case, enlist the help of a paternity lawyer at our firm.

Addressing Uncontested Paternity

Paternity is assumed in the following situations:

• The man and the child’s mother were legally married when the child was born
• The man tried to have his name put on the child’s birth certificate
• Acknowledged paternity in writing
• The man provided for the child or received the child as his natural child during minority

If a man wishes to contest paternity in the above circumstances, then he must provide “clear and convincing” evidence that the child is not his.

Seeking The Assistance of an Attorney

Establishing paternity can be quite complicated, so it is vital that you contact our paternity lawyers for the legal support you need on your side. We have devoted ourselves solely to family law matters, so you can expect that our team will understand the right course of action to take in your situation. Call today to learn more.