Paternity Tests in New Jersey
Understanding who their parents are is central to a child’s identity. A child who knows the identity of both their parents has access to extended family, familial history, and potentially important health information. They also will be able to receive financial support from both their parents.
When the identity of a child’s father is uncertain, it is possible to identify him through paternity tests in New Jersey. One of the experienced fathers’ rights attorneys at Moskowitz Law Group can walk you through the process of legally establishing paternity through genetic testing.
When a Genetic Test Might Be Necessary
When a child is born to a married couple, the husband is legally presumed to be the biological father. If a question later arises about the child’s paternity, a genetic test can rule out a person as the biological father with nearly complete certainty. It can also establish to a high degree of probability whether a specific man is the biological father.
When an unmarried woman has a baby, she is considered the child’s only legal parent upon the birth. The child’s biological father can establish his paternity if he and the mother both sign a Certificate of Parentage up until the child turns 23 years old. Signing the Certificate of Parentage will allow the father to be put on the birth certificate. If either parent does not sign the Certificate of Parentage, a genetic test will be necessary before the mother can claim child support from the father or the father can claim custody and other parental rights over the child.
A child who is unsure of their parentage can ask a court to order a genetic test to establish whether or not a particular man is their father. It is wise to seek representation from a New Jersey attorney before making an application to the Court to order a genetic paternity test.
Bringing a Petition to Establish Parentage
Either parent or a child who has not yet turned 23 can file an application with the Court asking to establish paternity. County social services agencies can also initiate Court proceedings if the child is receiving public benefits so that the agency can seek contribution from the alleged father toward the child’s financial support. Once a family law attorney has filed the Court papers and served them on the other party, the Court will schedule a hearing.
If both parents do not acknowledge the man’s paternity before the hearing, the New Jersey judge will order a paternity test. It is called an HLA paternity test. It can determine paternity by analyzing a small sample of the saliva of each parent and the child. The test is minimally invasive and extremely accurate.
If the results indicate a 95 percent or higher likelihood that the man is the child’s biological father, the Court will issue an Order of Filiation, more commonly known as a Order of Paternity. This is a legal document that establishes the man as the child’s biological father, with parental rights and responsibilities. The man will be required to pay child support and has the right to make an application for legal and physical custody of the child.
Work with a New Jersey Attorney to Establish Paternity with a Test
Establishing parentage has many benefits for the child and their parents. The child gains knowledge of their personal history, access to extended family members, information about medical issues, the right to inherit, and potentially the right to receive benefits through their father. The parent gains the experience of being an important part of a child’s life and the right to play an active role in their upbringing.
Speak with an attorney from Moskowitz Law Group about parentage issues and paternity tests in New Jersey. Our lawyers practice family law exclusively and can offer important counsel throughout the process.
