Establishing paternity is the legal process of determining the biological father of a child. In New Jersey, paternity plays a crucial role in matters such as child support, custody, visitation rights, and inheritance. For unmarried parents, establishing paternity ensures that both parents have legal rights and responsibilities toward their child. This article outlines the legal options for establishing paternity in New Jersey and explains why it is important.
Why Establishing Paternity Matters
When a child is born to married parents in New Jersey, the law automatically recognizes the husband as the legal father. However, when the parents are not married, the father does not have legal rights or responsibilities until paternity is formally established. Confirming paternity benefits the child by providing access to:
- Financial support from both parents.
- Health insurance coverage.
- Inheritance rights.
- Social Security or veterans’ benefits, if applicable.
- Family medical history from both sides.
For the father, establishing paternity grants the right to seek custody or visitation and participate in important decisions regarding the child’s upbringing.
Voluntary Acknowledgment of Paternity
The simplest way to establish paternity in New Jersey is through a Voluntary Acknowledgment of Paternity (VAP). This form can be signed by both parents at the hospital when the child is born or later at a local registrar’s office or the New Jersey Department of Health. Once signed and filed, the VAP has the same legal effect as a court order.
Key Points About VAP:
- It is a voluntary process that requires the agreement of both parents.
- Either parent has the right to rescind (cancel) the acknowledgment within 60 days of signing or before a court hearing, whichever comes first.
- After the rescission period, the acknowledgment is legally binding and can only be challenged in court on the basis of fraud, duress, or material mistake of fact.
Court-Ordered Paternity Establishment
If either parent disputes paternity or if the mother and alleged father do not agree to sign a VAP, paternity can be established through a court order. Either parent, or even the state (if the child receives public assistance), may file a complaint with the Family Division of the Superior Court of New Jersey to begin the process.
Steps in Court-Ordered Paternity:
- Filing a Complaint: A petition to establish paternity is filed with the court.
- Genetic Testing: The court may order genetic testing (DNA tests) to determine biological parentage. These tests are highly accurate and typically ordered when there is a dispute.
- Court Hearing: Based on the test results and other evidence, the court issues a paternity order.
Once paternity is legally established through the court, the father may be ordered to pay child support and may also petition for custody or visitation rights.
Presumption of Paternity
In some cases, New Jersey law presumes paternity even without formal acknowledgment or a court order. For example:
- If the child is born within 300 days after the end of a marriage, the former husband is presumed to be the father.
- If a man openly holds the child out as his own and provides support, the court may recognize him as the legal father.
Presumptions can be challenged in court by providing clear and convincing evidence, such as genetic testing.
Challenging Paternity
After paternity has been established, either through acknowledgment or court order, it can only be challenged under limited circumstances. A party seeking to challenge paternity must provide evidence of fraud, duress, or a significant mistake of fact. Courts generally prioritize the child’s best interests when deciding whether to overturn established paternity.
Conclusion
Establishing paternity in New Jersey ensures that both parents are legally recognized and responsible for their child’s well-being. Whether through voluntary acknowledgment or court order, confirming paternity secures important rights and protections for the child and both parents. Consulting with a family law attorney can help navigate the process and ensure that all legal requirements are properly met.