New York, NY asked in Family Law for New Jersey

Q: Paternity testing

I recently took the mother of my possible son to cour to request, genetic testing. Because I signed his birth certificate, they denied genetic testing, and suggested we do it privately. Another gentleman did come forward and say the child was his. My question is because I am legally his father, am I allowed to take him to get private tested without the mothers consent?

Related Topics:
1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: I have no idea who you spoke with at the courthouse, but the fact that you signed the birth certificate does not mean that you do not have the right to contest paternity. The statute governing paternity proceedings specifically gives you the right to challenge paternity but doing it on your own has its pitfalls and presumably, there were miscommunications between you and whomever you spoke with at the courthouse.

Family law specialists handle this type of issue regularly as part of their practice and have the experience to properly present the issue to the court. My suggestion is that you schedule a consultation with a family law attorney and let him / her handle the matter on your behalf.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.