Legal Question in Family Law in New Jersey
I'm married and my ex wants a peternity test
My husband, the father of my child, signed her birth cirtificate and the certificate of parentage and his name is on her birth cetificate. My ex, with whom protection was ALWAYS used, is being coached by his medeling mother to request a paternity test. We had a paternity hearing in front of a mediator and she said that so long as my husband signed what he did there is nothing that could be done for my ex. We have to appear again so I can bring what my husband signed to validate what I said. My ex now has a lawyer who will represent him. What can/will happen?
2 Answers from Attorneys
Re: I'm married and my ex wants a peternity test
I don't understand what basis your ex husband has to claim paternity. However, if you were married to him at the time the child was conceived there is a presumption in the law that he is the father. However, the worst that will happen right now is that the Court will order a paternity test. Thereafter there will be custody and support issues if he is the birth father. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-796-6700 to schedule a consultation
Re: I'm married and my ex wants a peternity test
The ultimate question is whether you and your former husband had sexual relations at a point in time close to the conception of the child so that he would have a reasonable basis for claiming entitlement to have the test done to eliminate the possibility that he is the father of the child.
Using protection is not necessarily a conclusive argument because condoms sometimes fail and conception occurs.
Gary Moore, Esquire
800 273 7933
www.garymooreattorneyatlaw.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
