Introduction

If a New Jersey woman is unmarried at the time she gives birth, there is no presumption as to who the father is. Instead, to legally determine fatherhood, she must establish a man’s paternity in a legal proceeding.

For fathers who want to be a part of their children’s lives, paternity needs to be established so that they can legally get parenting time, or in some cases, custody. If a mother is the custodial parent, to secure child support she must first legally establish that the man from whom she seeks support is in fact the biological father.

In most cases, the paternity process results in a definitive “yes” or “no,” not a “yes and no.” Recently, however, a New Jersey father found himself hearing both answers in the same birth matter. How could that be??

The case

A man and a woman had an intimate relationship and the woman became pregnant with twins. Following their birth, the woman sought to establish the man as the father of the twins. While found to be a father, a DNA test performed on the man determined that only one of the babies was biologically his.

The reasoning

In rendering his decision, a New Jersey family court judge relied upon several factors. First, of course, there was a DNA test. While in most cases that is enough, in this case, due to the unusual circumstances, the judge also relied upon expert testimony from the laboratory director of the Identity Testing Division at Laboratory Corp. of America.

Though the situation may seem odd, the expert testified that this occurs in roughly one in every 13,000 paternity cases involving twins. The expert testified that two separate eggs were fertilized by two different fathers.

Conclusion

As a result of the court’s ruling in this case, the man will pay child support for the baby he biologically fathered. He will not make payments for the other baby. And it is now up to the mother to seek child support from the father of the other twin baby, if she can identify him and prove his paternity. Truth is stranger than fiction.

If you are involved in a paternity case, whether as a petitioning mother or a defending putative father, there is so much at stake. It is vital that you have an experienced family law attorney on your side, someone who understands the process and the law. Our Family Law Group has been advocating for people’s rights for over 30 years. We bring experience, compassion, wisdom, and tough advocacy to the table, every time we get involved.

Please call or write us. We are here to help you.