Friday, February 01, 2008

Some Random Questions Answered

The following are some questions I received through my website and blog:

QUESTION: I live in the state of NJ and I had a son in 2001. The father signed the birth certificate at the court house, because he had missed the lady at the hospital. and now seven years later, he wants to get a generic (sic) test done after he waived his rights doing (sic)the child support hearing. Can this be done

Linda'a Answer: The Father in this matter is free to ask the court for a paternity test. However, the court may decline to order it, as so much time has past and this child may have bonded with him as his Father. Accordingly, the court could find that this Father waived his right.

QUESTION: I heard that this month there is a new opinion in the PBA about a child over 18 and the custody order to continue until the child graduates High School. Love to hear more, to me this is directly opposite of all other opinion and definitions. Thanks!!

Linda's Answer: Actually, I believe there was a court case wherein a child failed to graduate on time from high school and therefore, stayed for his senior year, well past his 18th birthday. The Father attempted to have his child support terminated, on the basis that it was the child's fault that he had not graduated. The court denied the Father's requests, finding that the child was not yet emancipated. Generally, as long as a child has not graduated from high school, there will still be a support obligation. This inquiry is completely separate from custody.

1 comment:

Anonymous said...

Do you think an attorney is needed in this case?