When you are unmarried, whether you are causally dating or in a serious relationship, and you have a child, establishing paternity is critical. Not only does this help protect the mother and child, but as the father, this grants you additional rights. As such, if you are unsure how to establish paternity, the following blog explores what you should know about this process and the importance of working with an experienced Somerset County family law attorney to help assist you through these important matters.
What Can I Do to Establish Paternity?
In New Jersey, you can establish paternity through one of two methods when you are unmarried. The first is relatively straightforward and involves conducting genetic testing. By submitting a DNA test to an accredited laboratory, the court can determine if the match between the samples proves that the child and father are biologically related. Generally, as long as the match is 95% or higher, the man is believed to be the father. It’s critical to note that at-home DNA tests are generally not admissible in court due to the non-secured environment and the likelihood that the test can be conducted incorrectly.
The other option to establish paternity is through a certificate of parentage. This is an option when both parties know they are the biological parents of the child. This is a voluntary form you can complete that acknowledges you as the father, so long as the child’s mother also agrees that you are the father. This form is free and generally the quickest way to establish paternity. Once the form is completed, the father can be added to the child’s legal birth certificate.
Why Is This Important?
Establishing paternity is incredibly important for a number of reasons. One of the most important aspects of this is for the child. Knowing both parents allows the child to receive the best possible medical care, as they will be aware of their familiar history. Doctors can then test for and recognize the signs of certain diseases or conditions early to help the health and well-being of the child.
Paternity is also important to ensure that the child is able to thrive because it allows the custodial mother to obtain child support. This allows the parent to provide for the child as if both parents were living together and providing for the child based on their respective incomes. Unfortunately, without a certificate of parentage or genetic testing results, child support cannot be ordered.
Finally, establishing paternity is critical if you wish to seek custody of a child. Without proof that you are the father, the courts cannot and will not consider extending custody rights to you. You cannot even obtain visitation rights with the child without first establishing that you are their biological father.
As you can see, paternity matters can be incredibly complicated to navigate, which is why discussing these matters with an experienced attorney is in your best interest. At the Siragusa Law Firm, we understand how complicated matters revolving around paternity can be, which is why we are committed to helping you navigate these complex and delicate matters as smoothly as possible. When you need help, contact our team today to discuss your legal options.
