Legal Question in Family Law in New Jersey

Is withholding info that a child is mine for 17mos a crime

My wife of 3 months just left with her baby and to make a long story short,she deceived me and my entire family into thinking that the baby was mine. For nine months during her pregnancy I was there for her along with my mom and dad. We (myself, mom & dad) all were at the hospital when the baby was born, she listed me as the father on the birth certificate, my family has thrown baby showers, and had a christening party and has bought the baby everything since he was born. Is there any recourse...fraud or such that I can do? Please advise.


Asked on 11/27/06, 11:10 am

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Is withholding info that a child is mine for 17mos a crime

I don't see a prosecutor doing anything about this, but that's just my opinion. You could always meet with your local police and see what happens. There might be a possible civil case, but that's not my area of the law and you may have some difficult burden of proof issues with regard to intent.

The bigger question is, how do you know you are not the father? Has a court been made aware of this?

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Answered on 11/27/06, 1:16 pm
Frank LaRocca LaRocca & Associates, PC

Re: Is withholding info that a child is mine for 17mos a crime

First of all, how are you sure that the baby is not yours? You have recourse here in the state of New Jersey as there is a presumption that the child is yours because your name, with the mother's consent, appears on the birth certificate. You have an absolute right to have a paternity test administered and , depending on the results, will have a right to be involved (very involved) in the child's life as a parent. The first thing is knowing for sure if you are the father.

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Answered on 11/27/06, 3:35 pm


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