NJSBA Family Law Section

My client received motion papers filed by Atlantic County Welfare on behalf of the child's mother - asking for child support and him to pay medical. I am going to filing a cross-motion to disestablish paternity. My client went for a private DNA analysis and it came back that he is 100% not the father.

Just looking for information about disestablishing paternity (standards/case law/ proofs necessary). 

Thank you in advance! 

------------------------------
Marissa Hirsch Esq.
Bhatt Law Group

201-798-8000

[email protected] 

------------------------------

Hi Marissa

I have no idea, but your post raises this key question:

Does someone who believes in the right to deny paternity a disestablismentarian?

And what do we call someone who believes the opposite?

Hanan
Hanan M. Isaacs, Esq.4499 Route 27, Kingston, NJ
t 609.683.7400
f 609.921.8982
[email protected]
www.hananisaacs.com


IMPORTANT NOTICE: This email transmission and any documents, files, or email messages attached to it, are confidential and protected by the attorney-client privilege and/or work product doctrine. If you are not NJSBA_familylaw_0146dcd2-0c49-4551-b754-e72e55254cee@ConnectedCommunity.org, or a person responsible for delivering it to the intended recipient, then we hereby notify you that any review, disclosure, copying, dissemination, distribution, or use of any of the information contained in or attached to this email transmission is STRICTLY PROHIBITED. If you have received this transmission in error, then please immediately notify [email protected] by email -- or by fax to (609) 921-8982 -- or by telephone to (609) 683-7400 -- and then promptly delete the message and any attachments from your computer. Thank you.


Original Message------

My client received motion papers filed by Atlantic County Welfare on behalf of the child's mother - asking for child support and him to pay medical. I am going to filing a cross-motion to disestablish paternity. My client went for a private DNA analysis and it came back that he is 100% not the father.

Just looking for information about disestablishing paternity (standards/case law/ proofs necessary). 

Thank you in advance! 

------------------------------
Marissa Hirsch Esq.
Bhatt Law Group

201-798-8000

[email protected] 

------------------------------

You kill me, Hanan! Antidisestablishmentarianism is implicitly covered (lol) in Chapter 3 of Relationships Involving Children (GANN), which I hope you enjoy as I enjoyed reading your earlier encouraging comments about, entitled Presumptions and Adjudication of Parentage. All key cases are referenced there.

------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
------------------------------


Original Message:
Sent: 01-21-2015 10:06
From: Hanan Isaacs
Subject: Disestablishing Paternity

Hi Marissa

I have no idea, but your post raises this key question:

Does someone who believes in the right to deny paternity a disestablismentarian?

And what do we call someone who believes the opposite?

Hanan
Hanan M. Isaacs, Esq.4499 Route 27, Kingston, NJ
t 609.683.7400
f 609.921.8982
[email protected]
www.hananisaacs.com


IMPORTANT NOTICE: This email transmission and any documents, files, or email messages attached to it, are confidential and protected by the attorney-client privilege and/or work product doctrine. If you are not NJSBA_familylaw_0146dcd2-0c49-4551-b754-e72e55254cee@ConnectedCommunity.org, or a person responsible for delivering it to the intended recipient, then we hereby notify you that any review, disclosure, copying, dissemination, distribution, or use of any of the information contained in or attached to this email transmission is STRICTLY PROHIBITED. If you have received this transmission in error, then please immediately notify [email protected] by email -- or by fax to (609) 921-8982 -- or by telephone to (609) 683-7400 -- and then promptly delete the message and any attachments from your computer. Thank you.

You should just be able to file a cross-application contesting paternity (and ask for attorney's fees). They will automatically set up a paternity test. And upon the return of the test, case should be dismissed.

(You don't even need to mention the private test.). There's really no particular caselaw you need on this...it's fairly standard 'check box' procedure.

Good luck!
Jodi

Jodi Argentino, Esq.
Argentino & Jacobs, LLC


Original Message------

My client received motion papers filed by Atlantic County Welfare on behalf of the child's mother - asking for child support and him to pay medical. I am going to filing a cross-motion to disestablish paternity. My client went for a private DNA analysis and it came back that he is 100% not the father.

Just looking for information about disestablishing paternity (standards/case law/ proofs necessary). 

Thank you in advance! 

------------------------------
Marissa Hirsch Esq.
Bhatt Law Group

201-798-8000

[email protected] 

------------------------------

This may not be as simple as opined.  If there has never been a child support order against the putative father and paternity was raised as an issue in Atlantic County's filing, then you can just appear and request testing.  If there was a Certificate of Parentage or the child born during the marriage, then there may be additional hoops through which to jump before testing is ordered.  If there was a paternity order, then you may be looking at a Rule 4:50 motion.  You may wish first to speak with Audrey Sharp, the child support attorney for Atlantic County welfare agency.

------------------------------
Mitchell Steinhart, Esq.
Bergen County Board of Social Services
Rochelle Park, NJ
------------------------------


Original Message:
Sent: 01-21-2015 10:13
From: Jodi Argentino
Subject: Disestablishing Paternity

You should just be able to file a cross-application contesting paternity (and ask for attorney's fees). They will automatically set up a paternity test. And upon the return of the test, case should be dismissed.

(You don't even need to mention the private test.). There's really no particular caselaw you need on this...it's fairly standard 'check box' procedure.

Good luck!
Jodi

Jodi Argentino, Esq.
Argentino & Jacobs, LLC

Also, how old is the child? Has your client held himself as father and, if
so, for how long? As with most other similar family law issues, the answer
largely depends on the facts.


Original Message------

This may not be as simple as opined.  If there has never been a child support order against the putative father and paternity was raised as an issue in Atlantic County's filing, then you can just appear and request testing.  If there was a Certificate of Parentage or the child born during the marriage, then there may be additional hoops through which to jump before testing is ordered.  If there was a paternity order, then you may be looking at a Rule 4:50 motion.  You may wish first to speak with Audrey Sharp, the child support attorney for Atlantic County welfare agency.

------------------------------
Mitchell Steinhart, Esq.
Bergen County Board of Social Services
Rochelle Park, NJ
------------------------------

Read the Parentage Act  ( N.J.S.A. 9:17-56)  (especially the "continuing jurisdiction" section). It's not long and it discusses all the options you may have, depending of course, as others have pointed out, on your facts.

Also, read the Family Division Non-Dissolution Procedures Manual ( https://www.judiciary.state.nj.us/family/Non_Dissolution_Manual.pdf ) . That's much longer, but you obviously don't need to read the whole thing - you will probably find your answers (and references back to the Parentage Act) in there.

Also, although there were other issues raised, you might find this appellate brief to be helpful: http://dpdlaw.com/Garciaapp.pdf and the decision on the case: http://dpdlaw.com/mgvmm.pdf

------------------------------

David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
http://www.FamilyLawNJ.pro
------------------------------

I also concur with Mitchell Steinhart.

------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
------------------------------


Original Message:
Sent: 01-21-2015 11:55
From: Mitchell Steinhart
Subject: Disestablishing Paternity

This may not be as simple as opined.  If there has never been a child support order against the putative father and paternity was raised as an issue in Atlantic County's filing, then you can just appear and request testing.  If there was a Certificate of Parentage or the child born during the marriage, then there may be additional hoops through which to jump before testing is ordered.  If there was a paternity order, then you may be looking at a Rule 4:50 motion.  You may wish first to speak with Audrey Sharp, the child support attorney for Atlantic County welfare agency.

------------------------------
Mitchell Steinhart, Esq.
Bergen County Board of Social Services
Rochelle Park, NJ
------------------------------

Marisa:
I've done it in Middlesex.  And in my case, there had already been
previously a pro se consent order for support.
Just go into the state established FD documents and set it up.  If you
use Easy Soft CIS, it is a non-matrimonial document under Family
Documents.  Sounds like you will be doing a Cross Motion.  In your
supporting certification, be sure to recite that you've already gotten a
DNA blood test done privately.  Nonetheless, you will be asking for 1) a
DNA paternity test (that is probably done through LabCorp); and 2)
elimination of child support (or denial of child support if this is the
first application).
You will be called in to a probation officer with the other side to
enter into a consent order for doing the blood test.  When you do that,
get the other side to agree to the entry of an order denying (or ending)
child support in  the event of a confirmation of disestablishment of
paternity.  You will then avoid another appearance.
I'm away.  But if you need to see a copy of my application, let me know.
  --MFS
 Mark F. Saker, Esquire
 Cerrato,  Saker & Wilder
 A Professional Corporation
 819 Route 33
 Freehold, New Jersey 07728
732-431-5000 X 125

FAX:  732-462-0483

Cellular:  732-915-5190
E-MAIL:   [email protected]
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TRANSMISSION IN ERROR, PLEASE DELETE IT FROM YOUR SYSTEM WITHOUT COPYING
OR FORWARDING IT, AND IMMEDIATELY NOTIFY US BY REPLY E-MAIL. THANK YOU!


On Wed, Jan 21, 2015 at 09:56 AM, Marissa Hirsch via New Jersey State
Bar Association wrote:







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Marissa Hirsch
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My client received motion papers filed by Atlantic County Welfare on
behalf of the child's mother - asking for child support and him to pay
medical. I am going to filing a cross-motion to disestablish paternity.
My client went for a private DNA analysis and it came back that he is
100% not the father.
Just looking for information about disestablishing paternity
(standards/case law/ proofs necessary). 
Thank you in advance! 
------------------------------
Marissa Hirsch Esq.
Bhatt Law Group
201-798-8000
[email protected] 
------------------------------


 
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Original Message------

My client received motion papers filed by Atlantic County Welfare on behalf of the child's mother - asking for child support and him to pay medical. I am going to filing a cross-motion to disestablish paternity. My client went for a private DNA analysis and it came back that he is 100% not the father.

Just looking for information about disestablishing paternity (standards/case law/ proofs necessary). 

Thank you in advance! 

------------------------------
Marissa Hirsch Esq.
Bhatt Law Group

201-798-8000

[email protected] 

------------------------------

</http:></http:></http:></http:></http:></http:></http:></http:></http:></mailto:[email protected]></http:></http:></http:>

Hi All,

Can anyone recommend a good family law attorney in Bergen County?

Best,

Diana Schimmel

On Wed, Jan 21, 2015 at 11:18 AM, Mark Saker via New Jersey State Bar


Original Message------

Marisa:
I've done it in Middlesex.  And in my case, there had already been
previously a pro se consent order for support.
Just go into the state established FD documents and set it up.  If you
use Easy Soft CIS, it is a non-matrimonial document under Family
Documents.  Sounds like you will be doing a Cross Motion.  In your
supporting certification, be sure to recite that you've already gotten a
DNA blood test done privately.  Nonetheless, you will be asking for 1) a
DNA paternity test (that is probably done through LabCorp); and 2)
elimination of child support (or denial of child support if this is the
first application).
You will be called in to a probation officer with the other side to
enter into a consent order for doing the blood test.  When you do that,
get the other side to agree to the entry of an order denying (or ending)
child support in  the event of a confirmation of disestablishment of
paternity.  You will then avoid another appearance.
I'm away.  But if you need to see a copy of my application, let me know.
  --MFS
 Mark F. Saker, Esquire
 Cerrato,  Saker & Wilder
 A Professional Corporation
 819 Route 33
 Freehold, New Jersey 07728
732-431-5000 X 125

FAX:  732-462-0483

Cellular:  732-915-5190
E-MAIL:   [email protected]
INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION, INCLUDING ANY
ATTACHMENT, IS ATTORNEY PRIVILEGED & CONFIDENTIAL INTENDED ONLY FOR USE
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COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
TRANSMISSION IN ERROR, PLEASE DELETE IT FROM YOUR SYSTEM WITHOUT COPYING
OR FORWARDING IT, AND IMMEDIATELY NOTIFY US BY REPLY E-MAIL. THANK YOU!


On Wed, Jan 21, 2015 at 09:56 AM, Marissa Hirsch via New Jersey State
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Jan 21, 2015 9:57 AM
Marissa Hirsch
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My client received motion papers filed by Atlantic County Welfare on
behalf of the child's mother - asking for child support and him to pay
medical. I am going to filing a cross-motion to disestablish paternity.
My client went for a private DNA analysis and it came back that he is
100% not the father.
Just looking for information about disestablishing paternity
(standards/case law/ proofs necessary). 
Thank you in advance! 
------------------------------
Marissa Hirsch Esq.
Bhatt Law Group
201-798-8000
[email protected] 
------------------------------


 
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Carrie Schultz, Hackensack


Alice M. Plastoris, Esq.
[email protected]
Office 973-538-7070
82 Speedwell Avenue
Morristown, NJ 07960

Sent via the Samsung GALAXY S® 5, an AT&T 4G LTE smartphone


Original Message------

Hi All,

Can anyone recommend a good family law attorney in Bergen County?

Best,

Diana Schimmel

On Wed, Jan 21, 2015 at 11:18 AM, Mark Saker via New Jersey State Bar

Sy Chase 201 343 6555


Original Message------

Carrie Schultz, Hackensack


Alice M. Plastoris, Esq.
[email protected]
Office 973-538-7070
82 Speedwell Avenue
Morristown, NJ 07960

Sent via the Samsung GALAXY S® 5, an AT&T 4G LTE smartphone

We handle Bergen County cases. I can enthusiastically recommend Frank La Rocca.

------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
------------------------------


Original Message:
Sent: 01-21-2015 11:32
From: Alice Plastoris
Subject: Disestablishing Paternity

Carrie Schultz, Hackensack


Alice M. Plastoris, Esq.
[email protected]
Office 973-538-7070
82 Speedwell Avenue
Morristown, NJ 07960

Sent via the Samsung GALAXY S® 5, an AT&T 4G LTE smartphone

I practice in Bergen, but if you want someone closer try Amanda Trigg or Bruce Chase.


Original Message------

Hi All,

Can anyone recommend a good family law attorney in Bergen County?

Best,

Diana Schimmel

On Wed, Jan 21, 2015 at 11:18 AM, Mark Saker via New Jersey State Bar

Barry Kaufman-(201)-488-2600

Barry L. Kaufman, Esq.
Schiffman, Abraham, Kaufman & Ritter, P.C.
Three University Plaza, Suite 410
P.O. Box 568
Hackensack, New Jersey 07602-0568
(201) 488-2600
(201) 488-5059 Fax
[email protected]<mailto:[email protected]>


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Original Message------

Hi All,

Can anyone recommend a good family law attorney in Bergen County?

Best,

Diana Schimmel

On Wed, Jan 21, 2015 at 11:18 AM, Mark Saker via New Jersey State Bar

</mailto:[email protected]>

Ronald Abramson-201-562-1076

Barry L. Kaufman, Esq.
Schiffman, Abraham, Kaufman & Ritter, P.C.
Three University Plaza, Suite 410
P.O. Box 568
Hackensack, New Jersey 07602-0568
(201) 488-2600
(201) 488-5059 Fax
[email protected]<mailto:[email protected]>


NOTICE: The information contained in this email is legally privileged and confidential information intended only for the use of the individual or entity named above. If you, the reader of this message, are not the intended recipient, you are hereby notified that you should not further disseminate, distribute, print or copy this email. In addition, if you have received this email in error, please immediately notify us by telephone (you may call collect). Thank you.


Original Message------

Hi All,

Can anyone recommend a good family law attorney in Bergen County?

Best,

Diana Schimmel

On Wed, Jan 21, 2015 at 11:18 AM, Mark Saker via New Jersey State Bar

</mailto:[email protected]>

Joseph Riai in Englewood.


Original Message------

Ronald Abramson-201-562-1076

Barry L. Kaufman, Esq.
Schiffman, Abraham, Kaufman & Ritter, P.C.
Three University Plaza, Suite 410
P.O. Box 568
Hackensack, New Jersey 07602-0568
(201) 488-2600
(201) 488-5059 Fax
[email protected]<mailto:[email protected]>


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</mailto:[email protected]>

Hi Diana,

I practice family law in Bergen County as well. My office is located in
Englewood and I can be reached at 201-375-3975.

Thank you,

Armando R. Horta, Esq.

The Horta Law Group, LLC
The Renaissance Center
15 Engle Street, Suite 102
Englewood, New Jersey 07631
Office: 201-375-3975
Fax: 201-371-5510

Email: [email protected]

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Original Message------

Hi All,

Can anyone recommend a good family law attorney in Bergen County?

Best,

Diana Schimmel

On Wed, Jan 21, 2015 at 11:18 AM, Mark Saker via New Jersey State Bar