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-38 et seq., provides the procedure by which paternity may be established. ing to the New Jersey Parentage Act, there is a 23-year statute of limitations, which means that a child must file a Complaint to Establish Paternity by their 23rd year, which is five years after the child is legally an adult.
By New Jersey law, if a mother is married at the time of conception, birth, or during the 300 days before giving birth, then her husband is believed to be the father of the child. The husband's name will automatically be placed on the birth certificate, unless he fills out a form that says he is not.
Retroactive Child Support is Not Permitted in New Jersey Parties can only seek retroactive application back to the date that the pending action or motion for child support was filed.
After the allegation is made, the process to establish paternity will begin within 90 days of locating the alleged father. In cases where there is more than one alleged father, the Office of Child Support and Paternity Programs (OCSPP) will start proceedings against all alleged fathers named by the client.
In the State of New Jersey, no retroactive child support is allowed other than in cases where there is a motion for child support or child support modification that is pending. In these cases, the retroactive date of the child support will go back to the date that the notice or the motion was filed/mailed.
Again, no one can be obligated to participate in genetic testing if they choose not to. Body autonomy comes first, but a man cannot be compelled to pay child support until paternity is proven, so it would behoove her to cooperate.
If the father agrees that he is the father, he may sign a Certificate of Parentage (COP), which legally proves who the father of a child is. The first opportunity to sign the COP is at the hospital, right after a baby's birth. Hospital staff can help you complete it.
Therefore, even if the father's name is not on the birth certificate, once paternity is established, the court could award him shared custody with the mother ? or even sole custody in appropriate circumstances. Having both parents involved is typically considered to be in the best interests of the child.