If you are not sure about the paternity of your child or need more information about how to legally establish paternity in Monmouth County, New Jersey, understanding the state-specific statutes is crucial. These laws dictate the procedures, rights, and responsibilities tied to the process, safeguarding both parental and child interests.

Learn about paternity laws in New Jersey, whether you will require paternity testing, and what the rules are for filing a paternity action.

What Is Paternity?

Paternity refers to legal fatherhood. Establishing paternity means that you are recognized as the legal father of your child. Establishing paternity is required of unmarried parents before family court orders regarding child custody or child support will be entered. 

How Is Paternity Established?

In New Jersey, paternity can be established through various legal means, including marriage, acknowledgment of paternity, and court judgments. 

Presumption of Paternity

A presumption of paternity can exist in certain circumstances, including:

• When a child is born, the man is automatically considered the father if he and the mother are married, or if they were married within 300 days before the child’s birth.
• A man is also considered the father if he tried to marry the mother before the birth and the child was born during or right after that attempted marriage.
• If a man marries the mother after the child is born, he signs a document stating that he is the father, has his name added to the child’s birth certificate, and treats the child as his own.

If a presumption of paternity does not apply, New Jersey law provides alternative methods for establishing legal fatherhood.

Alternative Methods of Establishing Paternity

If the parents are not married, legal paternity can be established by both parents signing a Certificate of Parentage (COP). This form is a sworn statement that both parties believe the man is the biological father of the child. Signing this form has significant legal implications, so you should not sign this form if there is any doubt as to paternity.

You can sign this form at the hospital with the birth certificate coordinator. If the parents did not sign the form at the hospital, they can complete the same form at a local registrar or county welfare office. While there is no fee to obtain a COP, a fee is required to complete an amended birth certificate.

If the mother and father change their minds about establishing paternity, they generally have 60 days to cancel the paternity acknowledgment. 

Paternity can also be established through a court judgment, which may involve genetic testing if paternity is contested. A court can issue a Judgment of Paternity that legally recognizes the man as the child’s father, but this requires filing in court.

How Can I Establish Paternity Through the Court System?

If one of the parents is not sure of paternity or there was no acknowledgment of paternity following the birth, parents can contact the New Jersey Paternity Opportunity Office to learn about low-cost DNA testing through the local welfare agency. 

Either parent can petition the court to establish legal paternity through the Superior Court of New Jersey. The court may order paternity testing to establish biological paternity through a state-approved facility. If the results indicate a probability of paternity of 95% or higher, paternity is presumed. 

Why Is Establishing Paternity Important?

Establishing paternity has specific legal implications, including: 

• You gain the legal right to request the court to award child custody or visitation. 
• Your child may be eligible for benefits based on family relationships, such as Social Security and Veterans benefits. 
• You could add your child to your health insurance policy. 
• Your child can have inheritance rights.

Besides these legal implications, establishing paternity can also help your child feel safer and more secure. You may also feel more secure in your relationship and better able to bond with the child.

What Is the Deadline to Establish Paternity?

Parents can legally establish paternity any time before a child turns 23 years old. However, there are several benefits of establishing paternity well before this.

What If the Husband Is Not the Father?

When a mother was married when they birthed a child, when the child was conceived, or within 300 days of having the child, her husband is presumed to be the father. However, this presumption can be overcome. The husband’s name is automatically placed on the birth certificate unless the father completes an Affidavit of Denial of Paternity. 

If the parents want the biological father’s name on the birth certificate, the mother and her husband must complete an Affidavit of Denial of Paternity. The biological father and the mother then complete a COP.

How Can a Lawyer Help with a Paternity Case?

An attorney can:

• Review your situation and determine whether paternity has already been established or if you need to take additional steps.
• Gather information and prepare your legal paperwork.
• Help challenge unreliable information and request genetic testing, if necessary.
• Explain the law and how it impacts you as you navigate a paternity action and related legal matters.

Paternity actions can be complex, and securing a clear legal path forward ensures that your child’s best interests and your parental rights are protected.

Contact The Law Office of Jennifer J. McCaskill LLC to Schedule a Confidential Consultation With a Monmouth County Paternity Attorney 

If you need assistance with your paternity case, contact an experienced family law attorney from The Law Office of Jennifer J. McCaskill, LLC. We can explain the law and how it applies to your situation during a confidential consultation.

Call us today at (732) 747-1882 to schedule a no-obligation consultation with a Monmouth County paternity lawyer.