Establishing Legal Paternity in the State of New Jersey

There are few things more stressful for a parent than risking losing legal custody of his or her child. If you are someone who is currently fighting for child custody, or perhaps your paternal rights were denied, there are several things you should do; the most important being reaching out to our experienced Bergen County divorce attorneys to learn more about how we can help you through the legal process going forward. Here are some of the questions you may have:

What are Father’s Rights in New Jersey?

Generally speaking, courts will automatically grant fathers paternity. However, there are certain circumstances where you will have to prove that you are, in fact, the child’s father before the courts can determine child custody. For example, if you were married to the child’s mother in the 10 months before your child was born, you will most likely be granted paternity. Additionally, if you can prove that if you were married to the child’s mother when the child was born, you will also be granted paternity. What’s more, you may have signed a Certificate of Parentage when your child was born, which will also generally grant you paternity. Unfortunately, there are some cases where courts wrongfully refuse your parental status. In this case, you should reach out to an experienced attorney who can help you file a paternity suit.

How do I file a paternity suit in New Jersey?

There are certain cases where individuals have to file a paternity suit, or a paternity action in the New Jersey Family Court to establish paternity. The following individuals may file paternity suits:

  • The child
  • Legal guardians or caretakers
  • The child’s mother
  • The man who says he is the child’s father
  • Welfare agencies, if the child is receiving welfare

You will file your case in front of a judge. Your attorney will have to prove that you do, in fact, have legal parental status. This is oftentimes easier said than done, which is why if you find yourself in this situation, you must retain the services of an experienced New Jersey paternity action attorney. Fortunately, you have just found that attorney in the legal team of Townsend, Tomaio & Newmark. We are ready to help you–all you have to do is ask.

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

Read Our Latest Blog Posts

  •  How Do I Protect My 401(k) In a Divorce?
  •  Does Child Support Cover School Lunches?
  •  What Should My Prenuptial Agreement Cover?