TW Family Law

Establishing the paternity of a child born outside of a traditional marriage is a necessary prerequisite for maintaining parental rights or obtaining child support, but paternity issues can be complicated. A paternity allegation can be made or defended by a number of people, including the child's mother, the custodial parent (if not the mother), a man representing himself as the child's biological father, the child him- or herself, representatives of any of the above, the Division of Family Development in the Department of Human Services, or any person with a justifiable interest recognized by the court. With the help of an experienced child custody lawyer such as H. Tiffany Weiner, paternity issues can be settled expediently in order to move forward and build a healthy future.

When is a man presumed to be the father of a child?

According to New Jersey's Parentage Act, there are several sets of circumstances under which a man is legally presumed to be the father of a child:

  • The man and the child's biological mother are, or have been, married to each other and the child is born either within the duration of the marriage or within 300 days (10 months) of the termination of the marriage by divorce, annulment, or death

  • Prior to the birth of the child, the man and the child's biological mother attempt to get married to each other

  • Following the birth of the child, the man and the child's biological mother have married or attempted to marry each other and the man has acknowledged his paternity of the child in writing filed with the local registrar of vital statistics, sought to have his name placed on the child's birth certificate as the child's father, openly held out the child as his natural child, or is obligated to support the child under a written voluntary agreement or court order

  • The man receives the child into his home and openly holds him or her out as his natural child while the child is under the age of majority

  • The man provides support for the child and openly holds him or her out as his natural child while the child is under the age of majority

  • The man acknowledges his paternity of the child in writing filed with the local registrar of vital statistics, and the mother does not dispute the acknowledgment within a reasonable time after being informed of such by the registrar

Contact Child Custody Lawyer H. Tiffany Weiner, Esq - Oakhurst New Jersey

If you have questions about divorce, child custody, child support, or visitation rights, contact the law firm of child custody lawyer H. Tiffany Weiner today to schedule an appointment. We will ensure that your children’s needs are protected and provide advice on matters ranging from divorce mediation to annulment.