When a child is born to unmarried parents and the purported father does not voluntarily claim paternity, it may be necessary for a New Jersey court to determine paternity of the child for the purposes of child support, custody, and parenting time. Paternity cases involve a number of issues and can be complex. That is why our family lawyers in New Jersey are here to help you. Contact a skilled Mercer County paternity lawyer from Law Office of Rachel S. Cotrino, LLC today.
How is Paternity Established in New Jersey?
In New Jersey, there are several ways that paternity may be established, and the path you take will generally depend on the circumstances surrounding the child’s birth and whether both parents are in agreement. In some cases, the process is relatively simple and can be completed without court involvement, though in others, it may require formal legal action and, at times, genetic testing to determine biological parentage. Some of the most common ways paternity is established in New Jersey are as follows:
- Marriage: If a child is born during a marriage, New Jersey law presumes that the husband is the child’s legal father. While this presumption can be challenged, doing so generally requires filing a legal action and presenting sufficient evidence to the court.
- Acknowledgment of Paternity (AOP): In many cases, both parents can sign a Certificate of Parentage shortly after the child is born, often while still at the hospital. Once this document is properly executed and filed, it has the same legal effect as a court order.
- Court Order: If there is any dispute or uncertainty as to who the child’s father is, either party may file a petition with the court to establish paternity. From there, the court can take the necessary steps to resolve the issue.
- Genetic Testing: In contested matters, the court will frequently order DNA testing. These tests are highly accurate and are commonly used to determine biological parentage before the court issues a final determination.
It is important to understand that, regardless of what you may believe informally, paternity is not legally recognized until it has been formally established. This means that, until that happens, a father may not have the ability to seek custody or parenting time, and a mother may not be able to pursue child support through the court system.
In cases where both parties are in agreement, the process can move fairly quickly. However, when there is disagreement, delay is often unavoidable, and the matter may become more complex as it proceeds through the court system.
Why Establishing Paternity is So Important
Establishing paternity is not simply a technical step in the legal process. Rather, it is a critical determination that affects both the child and the parents in very real and lasting ways. Without it, there is often uncertainty, and that uncertainty can create complications that extend far beyond the immediate situation.
Once paternity is established, both parents have clearly defined rights and responsibilities under New Jersey law. This includes the ability to seek custody, request parenting time, and ensure that the child is financially supported in a way that reflects both parents’ obligations. Some of the reasons why establishing paternity is so important are as follows:
- Child Support: Once paternity is established, a custodial parent may seek child support through the court. Without legal paternity, there is no enforceable obligation for financial support.
- Custody and Parenting Time: A legally recognized father can pursue custody or parenting time. Without that recognition, those rights may not exist.
- Access to Benefits: A child may become eligible for certain benefits through a parent, including health insurance coverage, Social Security benefits, and inheritance rights.
- Medical History: Having access to both parents’ medical histories can be important when making healthcare decisions for a child.
- Emotional and Personal Considerations: Establishing paternity can also provide a child with a clearer sense of identity and connection, which can be significant as they grow older.
It is also worth noting that paternity does not only affect present circumstances, and decisions related to schooling, relocation, and future legal disputes can all be influenced by whether paternity was properly established at the outset.
What Happens After Paternity is Established?
Once paternity has been legally established, the court can then move forward with addressing the rights and responsibilities of each parent. At this stage, the focus typically shifts from determining parentage to determining how the child will be raised and supported moving forward.
New Jersey courts will always look to what is in the best interests of the child when making these determinations. This standard guides decisions regarding custody, parenting time, and financial support, and it ensures that the child’s needs remain the primary concern throughout the process. After paternity is established, the court will generally address the following issues:
- Custody Determinations: The court may establish both legal custody, which relates to decision-making authority, and physical custody, which determines where the child primarily resides.
- Parenting Time: A schedule may be put in place to ensure that both parents have time with the child, where appropriate.
- Child Support: Child support will be calculated in accordance with New Jersey guidelines, taking into account factors such as each parent’s income, the amount of parenting time, and the needs of the child.
- Health Insurance and Medical Costs: One or both parents may be required to provide health insurance, and responsibility for unreimbursed medical expenses may also be allocated.
- Additional Expenses: In some cases, costs related to childcare, education, or extracurricular activities may also be considered.
Contact a Paternity Lawyer in Mercer County, NJ
If you’re facing a paternity matter of any kind, please don’t hesitate to contact a skilled Mercer County family lawyer here at The Law Office of Rachel S. Cotrino, LLC today. A paternity lawyer from our firm can effectively represent you and the interests of your child, every step of the way.
