DNA testing provides answers — BUT, are you ready to deal with those answers?

Read: Who Knew I Was Not the Father? by Ruth Padawer, published in The New York Times.

See some of my related Blog Posts.

NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku.

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Are You the Father of Your Children? originally appeared on NJ Family Issues on November 21, 2009.

DNA testing to conclusively establish paternity requires samples from both putative parents. M.A. v. Estate of A.C., 274 N.J. Super. 245, 247 (Ch. Div. 1993); N.J.S.A. 9:17-51(a) (upon the request of a party to a paternity suit, the court shall “require the child, mother and alleged father to submit to blood tests or genetic tests”). Although child support is an obligation to the child payable through the parent with primary physical custody, the failure of the custodial parent to cooperate with court-ordered DNA testing gives “rise to the presumption that the results of the test would have been unfavorable to” the custodial parent’s interests and warrants termination of support payments to the custodial parent. N.J.S.A. 9:17-48(h).

In this case, however, the Mercer County Board Of Social Services was entitled to take action to recoup child support arrears from defendant, who claims he has

always suspected that the child was not mine. In hindsight, I realize I should have filed for a modification on my cases, but I was young, ignorant of the system, spent some time incarcerated, and simply overwhelmed by the obligations. Once I realized that I had to get his matter resolved, I decided to establish paternity for [the minor child.]

Because defendant waited fourteen years before seeking a paternity determination, the trial court did not err when it ordered defendant to pay outstanding arrears. See Monmouth County Div. of Soc. Servs. v. D.J.D., 344 N.J. Super. 74 (Ch. Div. 2001). That the cutodial parent failed to comply with orders for DNA testing warrants relief to defendant going forward, but does not negate an obligation he incurred years earlier that he did not timely challenge.

NOTE: My legal and mediation services are offered to clients in Westfield 07090; Berkeley Heights 07922; Clark 07066; Cranford 07016; Hillside 07205; Scotch Plains 07076; Springfield 07081; Union 07083; Winfield; Carteret 07008; South Amboy 08878; South River 08877; Avenel 07001; Colonia 07067; Iselin 08830; Woodbridge 07095; Somerset 08873; Somerville 08876 and Watchung 07069, New Jersey.

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Because defendant waited fourteen years before seeking a paternity determination, the trial court did not err when it ordered defendant to pay outstanding child support arrears originally appeared on NJ Family Issues on July 25, 2008.

In the October 2, 2005 issue of The New York Times, there is an article discussing how the truth revealed by a Paternity Test may prove to be painful — however, not knowing may prove to be equally (if not more) painful. For those that are interested, there is a website that claims to be dedicated to: “helping Children and Men discover who’s the biological father, assisting deceived, scammed and hustled paternity fraud victims regain their constitutionally protected freedom and their lawful assets.”

NOTE: My Law Office is located at 726 West Saint Georges [W. St. Georges] Avenue (Route 27), Linden, Union County, NJ. Telephone: 908-486-2200

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Paternity Testing — should it be done? originally appeared on NJ Family Issues on May 2, 2007.