The period of gestation is the period between the date of conception and the date of birth of the child. The average period of gestation is about nine months, but this period may vary.
New Jersey Instruction to Jury in a Paternity as to the Average Period of Gestation
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How to fill out Instruction To Jury In A Paternity As To The Average Period Of Gestation?
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However, if a judge orders a paternity test, the mother is legally obligated to comply. Refusing to comply with a court order can result in the mother being held in contempt of court. It's important to seek legal counsel in these situations to understand your rights and obligations.
Most paternity test labs report that about 1/3 of their paternity tests have a 'negative' result. Of all the possible fathers who take a paternity test, about 32% are not the biological father. But remember, this is 1/3 of men who have a reason to take a paternity test - not 1/3 of all men.
After a Complaint to Establish Paternity is filed, the process to establish paternity will commence within 90 days. The Office of Child Support and Paternity Programs (OCSPP) will begin genetic testing for all alleged fathers named.
The court will send the mother a court order. If the mother ignores the court order. She will be held in contempt of court. Please seek legal counsel in your state regarding penalties for being held in contempt of court.
Under N.J.S.A -43(a) (1), the law presumes that a husband is the father of a child born during the course of his marriage. Under the statue this presumption can only be overcome by clear and convincing evidence.
If there is a disagreement in terms of paternity, the court may order DNA testing. If the paternity test is court-ordered, neither the mother nor the presumed father can refuse to test.