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Making a decision to dispute paternity is not only deeply emotional; it is also fairly complex under the law of the State of New Jersey. Many rationales are built into the statutes in case law and negotiating them requires the assistance of a competent family law attorney.

The New Jersey Parentage Act, based on the Uniform Parentage Act, was adopted in 1983, and substantially amended in 1994. It is intended to establish the principle that regardless of the marital status of the parents, all children and parents have equal rights with respect to each other and to provide a procedure to establish parentage in disputed cases. The longer a particular party waits to dispute paternity, the less likely it is that their case will be successful. Before a Court in New Jersey can order child support, parentage/paternity must be established. This could be accomplished in many ways, including a showing of:

1. Evidence of sexual intercourse between the mother and alleged father at any possible time of conception.
2. An expert’s opinion concerning the statistical probability of the alleged father’s paternity.
3. Genetic blood tests.
4. Medical anthropological evidence relating to the alleged father’s paternity.
5. All other evidence relevant to the issue of paternity.

The law also presumes paternity in certain circumstances, including:

1. When a party signs a Certificate of Parentage, and/or if a party is sued for paternity and defaults by not appearing in Court (the Court will simply find them to be the parent).

The law also creates presumptions of paternity. The New Jersey Parentage Act provides that a man shall be presumed to be the natural father of a child under the following circumstances:

1. If he and the natural mother were married to each other when the child was born, or if the child is born within 300 days after the marriage is terminated.
2. If the parties entered into a ceremonial marriage and he acknowledged his paternity in some form, either in writing or by actions, or if he and the child’s natural mother marry or attempt to marry and he acknowledges his paternity in writing to the local registrar of vital statistics, or seeks to have his name placed on the child’s birth certificate as the father, or openly holds the child out as his natural child, or is ordered to pay child support for the child.
3. If a presumption of paternity has been met, then contesting paternity is not an absolute right. Nevertheless, before a punitive father can be compelled to submit to an HLA (Human Leukocyte Antigen) blood test or genetic test, the Court must first make a finding that there is an “articulable” reason for suspecting that the Defendant is the father. Nevertheless, if there has been fraud in procuring paternity and/or child support, it is potentially possible to vacate a child support Order and/or seek repayment of wrongfully procured child support payments. If a party is found to be the biological parent, not only can a Court Order for child support be entered, but the Court can also compel such party to share the pregnancy and birth-related expenses involved in the birth of their child.

Here at Garces & Grabler, PC we have a full-service family department who can assist you with your family cases. If you have a question regarding paternity, or if you are thinking about disputing paternity, a convenient initial consultation can be arranged where you could make a decision about asserting your legal rights. Let an experienced matrimonial practitioner assist you with this significant decision because leaving it to chance could place you in an irreparably expensive position.

One example of financial detriment in this context would be the inability of the child to obtain child support from the natural father because of conduct by the stepfather. The party asserting estoppels has the burden of proof. The equitable estoppels doctrine is three-prong. It consists of proving representation, reliance, and financial detriment.

Contact Us to discuss your legal matter today.