DiLorenzo & Rush | Counselors of Law
Stepping Up & Standing Out

Establishing paternity: What parents must know

On Behalf of | Oct 29, 2024 | Family Law

Are you trying to establish paternity in New Jersey and feeling overwhelmed? You’re not alone, and we’re here to help guide you through this critical process.

Whether you’re a mother seeking support or a father wanting to assert your rights, understanding how to establish paternity can make all the difference. This blog underscores your options and offers advice to help you overcome this challenging time.

What are your options?

Establishing paternity is essential for mothers who are not married to their child’s father and wish to collect child support. Paternity legally recognizes the child’s father as the biological parent, creating a pathway for child support and legal parental responsibilities.

In New Jersey, there are two main ways to establish paternity. Parents can either sign a Certificate of Parentage (COP) or secure a court order.

  1. Signing a COP:  In this approach, both parents can sign this document, which confirms the father’s legal responsibility and ensures both names appear on the child’s birth certificate. This form can be completed at the hospital when the baby is born or later at the local registrar’s office. By signing, both parents acknowledge the father’s role and responsibilities.
  2. Obtaining a court order:  If voluntary acknowledgment isn’t possible or there’s a dispute, you can establish paternity through a court order. This process involves filing a complaint with the court and undergoing DNA testing. The result of the test must show a 95% or greater probability of paternity to be legally binding.

This process is crucial not just for financial support but also for protecting the parents’ legal rights. Moreover, it provides clarity and security to the child while ensuring that all parties can move forward with their responsibilities.

Prioritizing your children

Establishing paternity is a critical step that can open doors to legal rights, responsibilities and benefits for parents and children. You can protect your child’s best interests by understanding the process and taking the necessary steps. Remember, you’re not alone on this journey—there are resources and legal professionals who can assist you.