New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 110 - CHILD SUPPORT PROGRAM
Subchapter 12 - PATERNITY ESTABLISHMENT
Section 10:110-12.7 - Special circumstances

Universal Citation: NJ Admin Code 10:110-12.7

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Paternity proceedings shall be waived in a WFNJ/TANF case when good cause is established pursuant to 10:110-9.2 through 9.5 and/or 10:90-16.2 through 16.5.

(b) If a child is born to married parents, but the mother alleges that someone other than the presumed father (the husband) is the child's biological father, an action to establish paternity may be pursued against the alleged biological father.

1. The legal relationship between the presumed father and the child may be severed by a court of competent jurisdiction, and the biological father can be adjudicated the legal father.

2. When the presumed father signs an Affidavit of Denial of Paternity, and the biological father and mother sign a COP, action to establish a child support obligation may be pursued.

(c) Paternity establishment shall be pursued regardless of either parent's status as a minor.

1. A minor mother's sworn statement regarding the identity of her child's biological father shall be accepted without requiring the mother's parent or guardian to witness the document.

2. Unemancipated minors may execute the COP.

3. If the alleged father is a minor and will not sign a COP, a paternity complaint shall be filed with a court of competent jurisdiction. The court's rules regarding legal actions taken against minors shall be followed.

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