Articles Posted in paternity

How does the law define what constitutes a parent and who is a parent?  According to New Jersey’s Parentage Act, a “parent and child relationship” is “the legal relationship existing between a child and the child’s natural or adoptive parents, incident to which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.” N.J.S.A. 9A:17-39.   With advances in technology, many more people have been able to conceive and have a child.  Over the years, that has meant that family law has had to adapt to new circumstances by which file0002066893977-225x300people might have children, and thus disputes about having children.  Continue reading ›

More than ever it is not that unusual for a father to learn that the child he has been ordered to provide child support for is not his biological child. Instinctively, it would be equitable to assume that a man who is not the biological father of the child should not have to pay child support once paternity is negated. Concerns of paternity fraud are easier than ever to confirm because DNA testing kits are now available for purchase in most major drug stores. However, having a DNA test revealing the biological father of a child does not necessarily mean that a court ordered child support obligation is going to dissolved by the family court. Continue reading ›


You know the song: “Here’s the story … of lovely lady …who is bringing up three very lovely girls. . . Here’s the story of a man named Brady who was raising three boys of his own. . . .” Most of us are familiar with the television show “The Brady Bunch”. In the show, Mike Brady had three sons from a previous relationship (Greg, Bobby and Peter Brady), and Carol Brady, his wife, had three daughters from her previous relationship (Marcia, Jan and Cindy).   They became what is popularly referred to as a “blended family” upon the marriage of Mike and Carol. Carol’s daughters took Mike’s last name and the family became known as “The Brady Bunch.” Mike and Carol’s respective children also referred to their stepmother and stepfather as “Mom” and “Dad”. Continue reading ›

In May of this year, my colleague Daniel Burton, Esq. wrote a  blog entitled “One Set of Twins Two Fathers Confirms New Jersey Superior Court Judge” about a trial court level decision of the Honorable Sohail Mohammed, J.S.C., in Passaic County concerning the paternity and related child support obligations to twins, referred to as “AM” and “BM” born to their mother referred to as “TM”.  The Appellate Division has now weighed in and issued a written opinion on this case of first impression in New Jersey. Continue reading ›

file000314800471A recent trial court decision by the Honorable Sohail Mohammed, J.S.C., from the Superior Court of New Jersey in Passaic County, is making headlines for its precedent setting nature combined with the “scratch your head” intrigue certain headlines provide.  More specifically, Judge Mohammed recently made a ruling that a man believed to be the father of two twin girls was actually only the father of one of the girls and, therefore, was only required to pay for child support that one child.  In fact, this is the first paternity case of its kind in the State of New Jersey (and thus a matter of first impression) and only the third of its kind in the entire nation. Continue reading ›