paternity rights

Paternity Rights

Paternity rights of biological mothers and fathers are set forth in the New Jersey Parentage Act N.J.S.A. 9:38 – 59. Acknowledgment of Paternity begins at the hospital when the child is born.  The father has the opportunity to sign a Certificate of Paternity (COP) voluntarily at the hospital.  New Jersey has a Paternity Opportunity Program…

Parental Rights

Parents in a dissolution or divorce action come to the Court on equal footing.  N.J.S.A. 9:2-4 sets forth factors that the Court is to consider in making an award of custody and/or parenting time, as it is public policy to assure minor children frequent and continuing contact with both parents who have separated or dissolved…

Uniform Interstate Family Support Act (UIFSA)

Modification of Child Support Orders Interstate travel has become common and as parties, with children, move from one state to another, a family law practitioner must be prepared to address and advise clients as to the extent or limitations of New Jersey to modify an interstate support order.  This article is to give guidance to…

Emancipation of Minors

A parent’s duty to support a child continues until the child is emancipated.  Emancipation is a legal concept and has been defined as when a parent no longer has the duty to support a child, such as reaching the age of majority.  However, a child attending post-high school education or trade school will delay emancipation…

Grandparents Visitation Rights

The “grandparent visitation” statute sets forth eight factors for the Court to consider in infringing upon parental autonomy to compel grandparent visitation over the objection of the parents’ fundamental right to raise their children as they see fit.  Therefore Grandparent Visitation Statue is subject to strict scrutiny.  The Court in Moriarty v. Brandt, 177 N.J.…