Legal Question in Family Law in New Jersey

Re: can they request a test

After 15 years of not wanting to be a father now he wants to be a father. I believe this is special circumstance in which even if there is a reasonable basis for his believing he is the father that the test is pointless because he has abandoned his parental rights for so long and the child has bonded to you. The Family Part is a part of the Chancery Division where equity, fairness, is the primary concern.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: can they request a test

I agree with Mr. Moore, there is caselaw which pretty much echo's what he says. There have been cases where even if it is proven that a person is not the father, they are still liable for child support because they are the "defacto" father (my words, not the court's) since that's how it has always been. However, I don't agree that a court will actually recognize this and uphold this law, but that could just be a difference of where the two of us practice.

If you would like a lawyer to insist that a test is not even conducted, then you should get one. It's not a very invovled situation so it shouldn't be very expensive. I practice in Toms River and I can meet you in that area to discuss your case or we can discuss it over the phone. My initial consultations are always free, so call me at 732/247/3340 and we can discuss your options.

Good luck!