[mary1]

I have a boyfirend who has a daughter who is 8 years old. Before she was born he was told by someone that (his girlfriend at the time) was with someone else. He did not sign the birth certificate, but the daughter has his last name. His been in and out of jail and just recently he took the mother back to court for a paternity test.The mother is currently recieving state assistance and the court denied his request stating that it would be in the benefit of the State of New jersey to keep him on child support because she is getti ng state assistance and the mother may never find out who the real father is. What can he do in a case where he is willing to pay for the paternity and the state will not grant his request.He is currently incacerated in the state of new jersey...

[Mr. Knowitall]

If he has been ordered to pay support, but did not execute the paperwork to be named on the birth certificate, there must have been a prior adjudication of paternity. He apparently did not defend against the paternity action at that time, and as a consequence was adjudicated to be the child's father. It would appear that what the state is saying is that he cannot now re-open that order of filiation.

[mary1]

What should he do in this case??

[Mr. Knowitall]

If he chose not to dispute his paternity during prior court proceedings, he may well have left himself without a remedy. He should consult a local family lawyer.

[mary1]

When he went to court for the child support he told the judge he wanted a paternity test.The judge told him to file a motion and once he did the court granted him a hearing. Once at the hearing the Public defender for the mother stated that it was in the states intrest to not award the paternity because the daughter knows him as the father. That's not fair to him.He never signed the birth certificate

[Mr. Knowitall]

Previously you stated that the motion was denied because the court concluded that it would benefit the state to have him continue to pay support. Now you are stating that the motion was denied because of his past relationship with the child, perhaps some form of equitable parent argument. As it stands, the picture is getting murkier.

He should discuss his situation with a local lawyer, who can determine what (if any) remedies are available. As he may have a limited time to pursue remedies from the latest court ruling, it would benefit him to do this soon.