Legal Question in Family Law in New Jersey

I have a complex question pertaining to paternity rights in the State of NJ. If a paternal father finds out he has a bio-logical child, has limited visitation with the child up to the time the child was around 1 year old - has nothing to do with the child for almost an additional year and a half thereafter and has not completed an affidavit of paternity and filed same to add his name on the childs birth certificate, what right by statute if applicable, does that person have to visitation or can he even file an affidavit of paternity after a certain period of time? Is there a statute of limitation on this? Please note, I am the non paternal father - I also have a biological child with my wife now and my wife and I were not married at the time the child in question was born...hence my dilemma. My oldest child has been seeing his biological father recently and has developed behavior which I perceive as being a result of his maybe being confused to say the least. Can someone assist me? Also, I work for a large company and get reimbursed for legal services. I need some good advise...if I have to litigate this, I will...regardless as to whether my wife agrees or not. My children's well being is more important than my marriage.


Asked on 12/28/09, 1:25 pm

3 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

You should pay an attorney for an hour to sit down with him or her to go over all of this. It is rather involved. The long and short of it is, the parent always has rights unless and until a court says otherwise. Call me at 732/247/3340 to discuss.

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Answered on 1/02/10, 1:45 pm
Gary Moore Gary Moore Attorney At Law

Terminating parental rights on an involuntary basis is difficult. If the father has abandoned his parental obligations, your adopting the child in a contested adoption action is possible. If the mother opposes your taking this course of action, you will probably fail in such an effort.

Call me if you like.

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Answered on 1/02/10, 2:29 pm
SAUL SEGAN SAUL H SEGAN ATTY AT LAW

What county do you reside in

Saul H Segan Esq

215 732 4000

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Answered on 1/06/10, 1:40 pm


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