Paternity is at the heart of many family law cases in Red Bank, New Jersey, including child custody and child support matters. Whether you need to contest paternity because you’re being asked to support children who aren’t yours or need to establish paternity to get custody, it’s important to ask for help. The experienced Red Bank paternity lawyers at The Law Office of Jennifer J. McCaskill, LLC are here to help.
Since 2009, men and women in Red Bank and throughout Monmouth County, NJ, have trusted the legal team at The Law Office of Jennifer J. McCaskill, LLC to help them navigate complex paternity issues. As respected and trusted family law attorneys with over 20 years of experience, we’ve helped to make a difference in the lives of countless clients throughout the years.
Now, we’re here to support you as you fight to contest or establish paternity in Red Bank. Contact our law office at (732) 747-1882 to discover how we can help you navigate this emotionally trying process and work for the results you need.
How The Law Office of Jennifer J. McCaskill, LLC Can Help With Your Paternity Case in Red Bank, NJ
If you’re dealing with paternity, chances are, you’re already going through a particularly difficult time in your life. Whether you’re getting a divorce, fighting to get custody of your kids, or trying to secure much-needed child support from your child’s father, it will help to have an experienced, knowledgeable, and trustworthy Red Bank family law attorney in your corner.
At The Law Office of Jennifer J. McCaskill, LLC, we’ve been recognized as family law Super Lawyers for the past seven years (and counting). To us, clients are much more than numbers on a case file. They’re family. When they ask for our help dealing with complex family law disputes like paternity, we do everything in our power to make a meaningful impact in their lives.
Trust our top-rated legal team in Red Bank to handle all aspects of your paternity case with the skill, transparency, and urgency it deserves.
We will:
- Carefully evaluate your situation and devise an appropriate legal strategy to help you obtain results
- Gather appropriate evidence to support your paternity case, which might include DNA, medical records, and more
- Conduct extensive research on case law that can be used to support your particular situation
- Think ahead and plan out appropriate strategies for handling disputes involving child support and child custody
- Collaborate with expert witnesses and specialists who can offer testimony in support of your paternity action
- Utilize mediation, arbitration, and other alternative dispute resolution (ADR) strategies to potentially resolve your case without the cost and time of going to trial
- Represent your best interests at all hearings and/or at trial, if needed
You deserve to work with a team of experienced and successful attorneys who are passionate about family law. Choosing The Law Office of Jennifer J. McCaskill, LLC means getting to work with a trustworthy team you can count on.
We offer a free initial case evaluation to prospective clients. Contact our law office in Red Bank, NJ, to schedule a time for your assessment today.
How Do You Prove Paternity in New Jersey?
Paternity, very simply, means that a man is legally recognized as the father of a child. When a married couple gives birth to a biological child, the husband is automatically presumed to be the father.
This may or may not always be the case, especially when infidelity is a problem. If one of the spouses cheats on the other, there may be a need to establish or contest paternity down the line.
When parents are unmarried, there is no automatic presumption that the man is the child’s father. As a result, the man has no automatic rights regarding any children that are born. These rights can only be had once paternity is legally established.
So, how do you prove or establish paternity in the state of New Jersey?
There are two primary ways to do this: through a court order or by filing a certificate of parentage.
Establishing Paternity Through a Court Order
If you’re presented with a legal issue where paternity is important, you can individually petition the court to initiate a paternity case. Essentially, you ask the court to order a DNA test to either confirm or deny that a man is the biological father of a child.
Courts have discretion when deciding whether or not to issue a court order. Several factors will be relevant as a judge makes their decision.
- What’s the current relationship between the child and the alleged father?
- Does the child have a relationship with another man they believe to be their father?
- Does the child believe the man is their biological father?
- How old is the child?
- How did the alleged father come to find out he might have a child?
- Is there a legitimate chance the man could be the child’s father?
- Does the child have a presumed father?
Since New Jersey has an interest in resolving family law disputes in a child’s best interests, a judge may also weigh the benefit of potentially allowing a child to explore their genetic and ancestral background, as well as the harm that establishing paternity could also potentially have on their life.
If you’re attempting to establish paternity, you’ll need evidence to support your case. This might involve personal testimony about a relationship between the mother and the alleged father, eyewitness testimony, or statements made by other parties.
If you’re attempting to disprove paternity, you’ll need similar evidence but to the opposite effect.
Once you’ve decided that you need to establish or contest paternity, The Law Office of Jennifer J. McCaskill, LLC can help. We’ll take the lead, prepare and file your claim, and work to persuade the judge to order the DNA test needed.
Filing a Certificate of Parentage
If both parties agree that the man is the child’s father, they can complete and file a Certificate of Parentage with the New Jersey registrar.
Signing the Certificate of Parentage establishes paternity and bestows certain rights and obligations on the father.
If you are at all unsure about paternity, it’s important to conduct a blood or DNA test to confirm or deny that a biological relationship exists between a man and a child.
Reasons to Establish or Contest Paternity in Red Bank
Parents have certain rights and obligations to their children under New Jersey law. These rights and obligations cannot be enforced if a person’s legal status as a parent is either undocumented or incorrect.
Paternity and Child Custody
In New Jersey, recognized parents share the right to have physical and legal custody of their children. Essentially, this involves the right to be around your kids and make important decisions about their health, education, welfare, and safety.
If you believe that you’re a child’s father, but you’re not recognized by the state as such, you do not reserve the right to have custody of the child. The only way to gain this right is through a legal paternity action, either voluntarily or through a court order.
Without paternity, a child’s mother can refuse to allow you to visit your child or make decisions that impact their life.
If you believe that a man is mistakenly recognized as your child’s father, it can complicate matters when the truth comes to light. In these situations, it might be necessary to establish paternity to ensure that a child’s biological father has the rights to which they’re entitled under the law.
Paternity and Child Support
Parents also have an obligation to provide financial support and security for their children. This can include paying for healthcare and medical treatment, providing food and nourishment, and keeping a roof over their heads.
When parents are unmarried, the non-custodial parent tends to assume child support obligations. They’re required to make consistent monetary payments to the custodial parent for the benefit of any children they share.
Paternity can cause a host of problems in child support cases.
If you believe that you’re mistakenly recognized as a child’s father, it can mean that you’ll be required to pay monetary support for a child who is not biologically yours. If you want to contest child support, you’ll need to demonstrate that you are not the father. How? By contesting paternity.
If you are unmarried and need support from your child’s biological father, the only way to get a court to support your pursuit is by establishing paternity. Once a man is determined to be a child’s father, they will automatically assume a duty to provide support.
Schedule a Free Consultation With an Experienced Red Bank Paternity Lawyer Today
Paternity issues can be stressful, emotionally charged, and overwhelming. Thankfully, you do not have to navigate a paternity case on your own. The Red Bank paternity attorneys at The Law Office of Jennifer J. McCaskill, LLC are here to offer support and be the advocates you need during this trying time.
Our team of award-winning family law attorneys in Red Bank has over two decades of experience helping people across Monmouth County. Now, you can benefit from our extensive knowledge of New Jersey family law, relationships with experts and professionals, and genuine passion for the work we do.
Your initial case evaluation with our team is free. Call our Red Bank, NJ, law office to get started now.
