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?

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1 Lawyer Answer
Richard Diamond
Richard Diamond
Answered
  • 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.

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