DADI Blog

New Jersey Paternity

Posted by admin on April 27th, 2006

Before the state of New Jersey can intervene and determine the paternity of a child an allegation of paternity must be made. This allegation can be made by the mother of the child; the custodial parent if not the mother, the man that believes he is the father, or the child.

After this has been done, the process will begin sometime during the next 90 days after finding the whereabouts of the alleged father, if he was not the one that filed the allegation.

If there is more than one man listed as possible biological fathers the Office of Child Support and Paternity Programs will begin to start the proceedings against each alleged father. The only way he can be taken out of the proceedings is if a genetic test proves with 95% percent accuracy that he could not be the father, or if the court decides he could not be the father of the child. The Office of Child Support and Paternity Programs also have a paternity program where a father can sign a Certificate of Parentage. This certificate is a legal and binding and has the same effect as a judgment from the court when it comes to paternity. When this certificate is signed the man is then the legal father of the child and must meet his responsibilities due the child financially. If this acknowledgment is signed by the father, he is not automatically placed as the father on the birth certificate. The parents must ask that his name be placed on the child’s birth certificate.

The mother and alleged father both have the right to ask for genetic testing before signing the acknowledgment, change their minds within 60 days of signing the acknowledgment, and after signing the alleged father is now responsible for child support, health care, and the Office of Child Support and Paternity Programs can modify and enforce child support issues. The father’s medical history may help the child in later years if any problems occur with the child health, so knowing the true father may help to save a child’s life.

If both parties can not agree on the fatherhood of the child genetic testing can be ordered by the court. The requirements for genetic testing in New Jersey include: the test will be done by a state approved company, if the test results show 95% probability or higher this man is presumed to be the biological father.

If a couple are married and the mother claims that her husband is not the biological father to the child, and then a paternity for the child must be established. The husband can sign an affidavit denying paternity and that allows the biological father and mother to sign a certificate of paternity and then the biological father is then responsible for support.

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