Paternity Tests in Hackensack
Fathers have certain rights and obligations when it comes to their minor children, but they only go into effect in cases where paternity has been established. Paternity is the formal identification of an individual as a child’s biological father. Once it occurs, both parents are deemed responsible for providing financial support and have the right to petition the Court for custody and parenting rights with the child or children. Paternity is often presumed, especially when the parties are married to each other.
The most common approach in these cases is the use of paternity tests in Hackensack. By comparing DNA between a person and their potential child, it is possible to conclusively determine whether there is a family relationship or not. If you have questions about your rights during this process, a seasoned family law attorney can help.
Why Establishing Paternity Matters
Before a person faces any of the rights or responsibilities that come with being a parent, they must be formally recognized as the father of a child. This is done through the process of establishing paternity unless both parties acknowledge that the man is the father of the child.
Once it has been established, there is no avoiding these obligations. A father is required to pay financial support to cover their share of the child’s basic necessities. This duty remains in place regardless of whether the father enjoys any other rights.
Paternity does not give a person the automatic right to have custody or visitation. Instead, it offers them a chance to petition the Court for access to the child. A judge might award custody or visitation rights, but only if it is in the best interest of the child to do so. Generally, absent certain issues with the father, it is presumed that a father should have parenting rights.
Voluntarily Establishing Paternity
It is not always necessary to go through the Hackensack paternity testing process. In many situations, the parties are able to voluntarily agree on the identity of the father. This can occur at the hospital shortly after birth when both parents sign an affidavit. There is even a presumption under the law that the husband of a pregnant woman is the father.
Some parties are also able to amicably go through the DNA testing process. While this can provide a firm answer on whether a person is the father, it does not bring with it the formal rights of paternity. It is crucial in that situation to seek a court order formally establishing the parental relationship.
When is Paternity Testing Needed?
Paternity tests are used frequently in these proceedings. Ultimately, they involve taking DNA samples from both the child and the purported father. The testing process can confirm with certainty whether the two share DNA.
In Hackensack, paternity testing is typically ordered by a judge. This may be necessary in situations where the parties are unable to reach an agreement on the identity of the father or even to amicably submit to DNA testing.
Either party may petition the Court to require a DNA test. The judge will typically order the father to appear at a specific genetic testing center approved by the Court. Once the sample is submitted and tested, the judge will review the results. There are circumstances where the Court may not permit a DNA test. The most common circumstance is where the child is much older and the father delayed making a request for a paternity test.
Talk to an Attorney in Hackensack About Paternity Testing
There are few things in life more important than the relationship with a child. In order for the State of New Jersey to formally recognize your rights and obligations, you will need to establish paternity. This is possible using paternity tests in Hackensack.
Moskowitz Law Group can help you navigate this process. Reach out right away for a private consultation with our firm.
