In a legal terms, paternity means: of or relating to a lawsuit brought by a woman attempting to establish that a particular man is the father of her child and so must provide the child with financial support.
The laws of paternity are complex and vary from state to state. Often times the legally recognized father is not the biological father. Most states categorize a father in one of four ways: the acknowledged father, the presumed father, the unwed father, and the stepfather.
An “acknowledged father,” is an unmarried man who has admitted to being the child's father. An acknowledged father is still responsible for the well-being of the child and therefore, must support the child.
Furthermore, in North-Bergen, New Jersey a presumed father is a married man who
- was married to the mother when the child was conceived or born, OR
- legally agreed to be the father of his wife's child, OR
- has acted and behaved as if the child was his own.
Like an acknowledged father in New Jersey a “Presumed father” is responsible for the well-being of the child and therefore, must support the child.
An unwed father in New Jersey is an unmarried man who has a child with a woman. The unwed father must pay child support if a court finds that he is the biological or acknowledged father. Just because the father is an “unwed father,” it does not lessen his responsibilities in North-Bergen, New Jersey and likewise, it does not dissolve his rights, including visitation, if so awarded.
A North-Bergen stepfather is a man who marries a woman who had a child with another man. Stepfathers have no duty to support the child. However, a stepfather can adopt the stepchild with the stepchild's biological or acknowledged father's consent. If a stepfather legally adopts his stepchild, he assumes all rights and responsibilities to the child, for the duration of their lives.
In order to get child support in New Jersey, the mother first must prove that the man is the legal father of the child. To do this, she must go to court and ask the judge to subject the man to a paternity test. Asking the judge to do this is called a “Paternity Action.”
If in North-Bergen, the man is a presumed or acknowledged father, then he must pay child support. If the man is neither, then the judge in North-Bergen, can order the man to have a blood or DNA test. These tests will determine whether or not the man is biologically related to your child. If in New Jersey the test shows that the man is biologically related to your child, then he will have to pay New Jersey child support.
NJ Family law can be very complex and frustrating. Additionally, each state has different laws that govern paternity. A lawyer in North-Bergen, will know all about the laws of your state.
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