Legal Question in Family Law in New Jersey
Paternity Testing
The results of a home DNA test confirmed that my husband wasn't the father of an alleged child. When confronted with the results, the mother went to Child Support Court in Media, PA and dropped all financial responsiblility. Since that time, my husband has asked her to change the child's last name from his to her maiden name or her new married name. The mother has refused to change the child's last name. Do we have any legal grounds to force her to change the child's last name (as well as remove it from the child's birth certificate and social security card) and can we sue her for all child support payments made to the courts based on fraud? Please advise. Thank you.
2 Answers from Attorneys
Re: Paternity Testing
Please be advised that I have not been retained to represent you and I am basing my response on the limited information supplied. However, if your husband fell victim to fraud, he then has a right to reimbursement from the woman who defrauded him. Also, the name on the birth certificate can likely be changed based on the information you provided. Keep in mind I do not know all of the facts and you should not rely on the information provided until I or another attorney has reviewed all of the relevant facts. If you wish to discuss this furhter, I can be reached at 908-537-7975.
Re: Paternity Testing
You have not given any information concerning time frame and this may be important. However, it certainly appears that your husband has a right to obtain this money back and get the birth certificate corrected. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me and mention LawGuru, your first one hour consultation is free. Good luck! Rob Gleaner [856-546-8010]