Andrea1970
Jul 23, 2012, 11:07 AM
I live in NJ. My son birth certificated is signed by the wrong father. I think that somebody else is the father of my son but my ex boyfriend refused to take a paternity test. He is taking me to court for Joint legal Custody. Can the Court force him to take the test
GV70
Jul 23, 2012, 08:13 PM
Yes they can
Are you sure?
GV70
Jul 23, 2012, 09:38 PM
F.B. v. A.L.G. 821 A. 2d 1157 (N. J. 2003).
Waived rights for DNA testing the Supreme Court found that A PARENT could not disavow that position when the only thing that had changed was his relationship with the child’s other legal parent.The Court also noted that the state’s public policy strongly favored the finality of judgments.
/P.S.-Acknowledgments of paternity are viewed as final court orders/
By the way you may have some success if you identify the "correct' father, make him as a party but he has to be willing to pay retroactive child support and emotional damages to the man who signed BC./ It is allowed in NJ-see
Paternity Case Marks Progress for Defrauded Fathers | Fox News (http://www.foxnews.com/story/0,2933,168632,00.html)