QUESTION

How can the biological father of the baby assume his legals rights if I was married, but separated, at the time of my pregnancy in New Jersey?

Asked on Jan 13th, 2013 on Family Law - New Jersey
More details to this question:
I am currently pregnant with my fiances child but was married at the time the baby was conceived and am worried that I will have to go to court for a paternity test. Is there a waiver form that my ex can sign to waive his paternal rights before the baby is born?
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2 ANSWERS

Alimony, including Establishment, Modification, Termination, and Enforcement Attorney serving Parsippany, NJ
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Michelle, You should not need a form--as long as your ex agrees that this is not his child and your fiancee agrees that it is his child.  It would make sense for your ex to agree, so that he does not have any responsibility for that child.  On the other hand, if your ex suspects that it is his child, or your fiancee will not sign the birth certificate because he suspects that the child is not his child, you should have a paternity test done, so that you can clear up any doubt.  As long as everyone agrees to the test, you do not have to go to court to get it done.  There are various places that will do the test--as long as the cost is paid, of course.   I would be happy to have a brief telephone call with you, to get more facts and to answer any other questions that you may have.  Of course, there is no charge for that phone call.  My telephone number is listed below.    Please also feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I wish you the best.   David F. Salvaggio, Esq., SALVAGGIO LAW GROUP LLC (Telephone: 973-455-1220)
Answered on Feb 02nd, 2013 at 3:15 PM

SALVAGGIO LAW GROUP LLC (877) 355-5281 www.salvaggiolaw.net This answer is not intended to be legal advice. Please consult an attorney.

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Elder Law Attorney serving Toms River, NJ
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The child's biological father can acknowledge that the child is his, and can allow you to put his name on the child's birth certificate. 
Answered on Jan 14th, 2013 at 10:11 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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