Legal Question in Family Law in New Jersey
paternity testing
My son's girlfriend is pregnant and due to give birth within the next week. There is a possibility that my son is not the father since he may be sterile. He has requested his girlfriend to have a paternity test performed but at this time she refuses. Can he do anything legally to have this test performed?
2 Answers from Attorneys
Re: paternity testing
First, your son can have his own doctor test him for sterility. Second, once the child is born, she will probably ask for child support. He can then deny paternity and the Court will order paternity tests. If you have any questions, your son should seek the advice of an attorney. If you want me to assist you, call me at 856-546-8010. Mention LawGuru and the first consultation is free. Good luck! Rob Gleaner
Re: paternity testing
Yes, he can have a paterntity test done. Usually after a father is petitioned for support and he claims he is not the father, the court will order paternity tests. He has to be prepared to explain why he believes he is not the father, the possibility that he could be sterile is not enough. Why do you think he is sterile? Did he have an illness when he was a child, i.e. measles, that makes him sterile or is it because he had a vasectomy? Or is it because he simply does not have children and never gotten anyone pregnant before? Was his girlfriend having sexual relations with other men at the conception of the child? All of these questions you need to ask and answer. Plus, the ramifications of demanding the test and then discovering he is the father are huge. Your son needs to be sure or close to 100% that he is not the father before he requests a paternity test.