According to the appellate court opinion, the father, Richard, was married to the child's mother, Diane. They had three children. When Diane filed for divorce in 2006, after approximately 27 years of marriage, Richard began to suspect that he was not the biological father of their son, Mark. He surreptitiously obtained a DNA sample from Mark and performed a paternity test. The results confirmed his belief that he was not Mark's father. He then received information that the child had been fathered by his former brother-in-law. He then filed a third party complaint against the brother-in-law, asking for reimbursement for all support paid on the child's behalf, since birth, as well as compensatory damages and counsel fees. Richard sought a court order seeking the court to compel an official paternity test.
After much litigation, the trial court eventually denied to order a paternity test and the appellate court followed suit. Richard now asks the New Jersey Supreme Court to overturn those rulings.
According to the opinion, the litigation destroyed Richard's relationship with Mark, who testified that he is not ready to undergo a paternity test. Unfortunately, Mark became aware of the paternity issue at the age of twenty, a devastating turn of events. The entire New Jersey opinion, laying out the sordid story, can be found here.