How Can an Unmarried Father Establish Paternity in NJ?

When a couple brings a child into the world, it’s important to understand that both parents have the responsibility to provide for the child, regardless of whether or not they are married or even still in a relationship. As such, establishing paternity is a critical step in helping set the child up for success. If you’re unsure why you should establish paternity or the steps involved in this process, you’ll want to keep reading. The following blog explores what you should know about this process, including the importance of working with New Jersey family law attorneys is critical to fighting for the best possible outcome during these difficult times.

Why Is It Important to Establish Paternity in New Jersey?

Generally, one of the most important benefits of establishing paternity will directly impact the child. When the child knows who their father is, it establishes a stronger sense of identity and belonging. Additionally, you’ll find that this has many medical benefits. Knowing the paternal family’s medical history can help ensure the child’s medical providers can look for signs of genetic diseases and disorders they may not have otherwise anticipated.

Another important benefit for the child and mother is that they can receive the necessary financial support to help provide the child with the best opportunity to succeed. When a child is born and the parents are unmarried or no longer in a relationship, the court can order child support to help financially provide for the child as if both parents were still together. Not only does this help the custodial parent, but it also allows the child the opportunities they may not have otherwise been able to take advantage of. The court cannot order child support from a party who is not the child’s legal parent.

Finally, for the father, establishing paternity allows you the right to fight for custody of your child. As you can imagine, without establishing that you are the child’s legal parent, the court will not grant custody. However, once this matter is established, you can fight for the right to see your child.

What Steps Are Involved in This Process?

Generally, when a married couple has a child, the husband is automatically assumed to be the father. However, when a couple is unmarried, they must establish paternity on their own. In New Jersey, you have a few different avenues you can navigate during this process. Shortly after the child’s birth, both parents can sign a Certificate of Parentage that will be filed with the state. This helps establish paternity immediately after the child’s birth. This is a voluntary agreement. If this is not filed at the hospital, it can be signed later.

However, if either parent has reason to believe there may be a different biological father, they can seek genetic testing. This compares the DNA of the parents to that of the child. Typically, if the child and father are at least a 95% match, they are considered the parent. Generally, this test is conducted by a laboratory to ensure accuracy. It can be voluntarily completed by the parents or ordered by the court.

This is often an incredibly sensitive and contentious matter for all parties involved, which is why it’s critical to connect with an experienced attorney if you need assistance. At Haber Silver Russoniello & Dunn, we understand how difficult this is, which is why we are prepared to help you navigate these matters regardless of whether you are a father looking for custody or a mother in need of child support. Contact us today to learn more.