In a recent New Jersey family law case, a divorced man tried to compel a paternity test to determine whether or not he was the father of his ex-wife’s children. Although he once had an opportunity to file a motion to verify the children’s parentage in the past, he waived that right. As a result, New Jersey legal doctrine and an agreement signed by the ex-husband now bar him from demanding a paternity test. When you are negotiating a child custody issue, it is important to work with a family law attorney who can fully explain the ramifications of a proposed post-separation agreement.
Mark and Jane had been married for seven years, during which time Jane gave birth to two children: Randi and Kim. Mark had often suspected that Jane was having a sexual affair with Mark’s friend Jim. Eventually Jim died in a car accident, but the strain of suspicion lingered ,and Mark and Jane eventually got a divorce.
When filing for divorce, Mark brought up his suspicion that the children were not his. The family law judge even paused the case so that Mark could “amend his divorce complaint and for [an] order to compel a paternity test.” But Mark decided not to pursue a paternity test, and after a contentious period of negotiation, Jane and Mark came to an agreement regarding their divorce. Their Post-Separation Agreement (PSA) mentioned the paternity dilemma several times, noting that Mark was unsure about the children’s parentage, and that he would pay reduced child support and surrender his custody rights due to the uncertainty of the situation. Continue reading