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How Courts Establish Legal Paternity in New Jersey
No parent ever dreams of having to fight for child custody, however, if you get divorced, you may have to do so. This can be a very complicated and emotional process, though, with a compassionate, knowledgeable New Jersey family law attorney, you know you have someone fighting for a swift, favorable outcome on your behalf. Please read on to learn more about Fathers’ Rights, establishing paternity, and child custody in New Jersey. Here are some of the questions you may have:
What does New Jersey recognize as Fathers’ Rights?
If you are a child’s biological father, you will generally automatically be granted paternity. Unfortunately, however, there are times where this does not happen, in which case you will have to prove paternity over a child before the court decides on the terms of your child custody. If you can prove you were married the child’s mother for at least 10 months before your child was born, the courts will generally grant you paternity. Also, courts may grant you paternity if you can prove that you were married to the child’s mother at the time of the child’s birth. Having signed a Certificate of Parentage at the time of your child’s birth is also another way to prove paternity. That being said, there are still certain circumstances where the courts will deny your paternity rights. If you feel they are wrongly doing so, you will most likely have to hire an attorney and file a paternity suit.
What is a paternity suit?
Paternity suits, or paternity actions, are filed with the New Jersey Family Court. Various people can file these, including the child him/herself, the child’s mother, the man who claims he is the child’s father, the child’s legal guardians or caretakers, or, in some cases, even welfare agencies, if the child receives welfare benefits. These cases are filed in front of a judge in a courtroom setting. If your attorney can prove you are the child’s parent, you will be granted paternity. Unfortunately, this isn’t always easy, which is why you must retain the services of an attorney who knows the ins and outs of New Jersey family law.
Contact our experienced Ocean County firm
Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.
