New Jersey The Rights of Presumed (Putative) Fathers

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This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.

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FAQ

While the stepparent does not have a ?legal? obligation to continue to be emotionally supportive of the child, they can be court ordered to be financially responsible until the child is emancipated under New Jersey divorce law.

Establishing paternity must be done through a court order, which will also determine custody and/or visitation rights, as well as additional parental responsibilities, based on what's in the best interest of the child. If an unwed father is not listed on the birth certificate, he has no legal rights to the child.

As used in this subchapter: ? ''Father'' means the biological male parent of a child. ''Putative father'' means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child.

In the State of New Jersey, paternity establishment is how a biological father becomes the legal father of his child if he and the mother are not married. For unmarried parents, the only way a father's name can appear on the birth certificate is if both parents complete a Certificate of Parentage.

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.

17 states (Alaska, California, Colorado, Connecticut, Hawaii, Kentucky, Maine, Maryland, Mississippi, Nevada, New Jersey, North Carolina, North Dakota, Rhode Island, South Dakota, Washington, West Virginia), as well as American Samoa, District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin ...

The alleged father can force a mother to perform a paternity test by filing a petition with the court. If the judge or magistrate accepts your petition. The court will send the mother a court order.

In New Jersey, there is a strong presumption that, where a man and a woman are married and a child is born during the marriage, the husband is the natural biological father of the child. N.J.S.A. -43(a)(1).

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New Jersey The Rights of Presumed (Putative) Fathers