NJSBA Family Law Section

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  • 1.  FD Order amending birth certificate to include father

    Posted 08-31-2015 10:55 AM

    Have an unusual situation.  Client signed an agreement in 2007 when ex girlfriend's child born saying that to the best of his knowledge he was the father of the child.  Child had last name of mother's new boyfriend and client by the same agreement relinquished rights to child.  New boyfriend notarized agreement but didn't sign it (signed by client and child's mother only) and agreement says new boyfriend is helping raise child which had his last name at time.  Child's mother marries new boyfriend but they split recently and FD support application is filed against husband.  He apparently, after child support entered  against him files application to terminate and uses agreement that said my client is biological father.  Court terminates support obligation and also enters order requiring vital statistics to amend birth certificate to reflect my client as father.  My client never served with anything and finds out about all this when child's mother files for support against him in Pennsylvania where he and mother now reside.  Husband of mother lives in NJ. Client has Pa. attorney who wants him to contest court's order amending birth certificate which was entered in May.  Client not named as party on order as mother of child is Plaintiff and her husband is Defendant.  Does my client have standing to file and if so would I have to file a new complaint asking for relief and name other parties as defendant's?

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    Jeffrey Karl Esq.
    Cherry Hill NJ
    (856)486-0707
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  • 2.  RE: FD Order amending birth certificate to include father

    Posted 08-31-2015 11:44 AM
    I would definitely file a complaint in PA to have the court order a DNA
    test to establish paternity. I would serve everyone, including Probation.

    Roz

    Rosalyn A. Metzger LLC
    Attorney-Mediator
    P. O. Box 5104
    One Leigh Street
    Clinton, New Jersey 08809
    (908) 238-0099
    [email protected]
    www.mediate.com/rmetzger

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  • 3.  RE: FD Order amending birth certificate to include father

    Posted 08-31-2015 12:25 PM

    The PA attorney says the court won't consider it because the NJ court entered an order putting client on birth certificate as biological father. 

    ------------------------------
    Jeffrey Karl Esq.
    Cherry Hill NJ
    (856)486-0707
    ------------------------------




  • 4.  RE: FD Order amending birth certificate to include father

    Posted 08-31-2015 12:40 PM
    Then I would file in NJ for a paternity test. I had a similar case in
    Newark years ago. It took some considerable effort but the court ultimately
    ordered the test. Then the mother conceded my client was not the father and
    Probation closed the case as to my client. Roz

    --

    Rosalyn A. Metzger LLC
    Attorney-Mediator
    P. O. Box 5104
    One Leigh Street
    Clinton, New Jersey 08809
    (908) 238-0099
    [email protected]
    www.mediate.com/rmetzger

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

    CONFIDENTIALITY NOTICE: This e-mail contains information that is
    privileged and confidential and subject to legal restrictions and penalties
    regarding its unauthorized disclosure or other use. You are prohibited
    from copying, distributing, or otherwise using this information if you are
    not the intended recipient. If you have received this e-mail in error,
    please notify us immediately by return e-mail and delete this e-mail and
    all attachments from your system.