N.J. Admin. Code § 10:110-12.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10:110-12.1 - Identification of the alleged father

(a) Provided that an allegation of paternity is made as provided in this subchapter, paternity shall be established or service of process completed as necessary to commence proceedings to establish paternity within no more than 90 calendar days of locating the alleged father.

(b) Before initiating proceedings to establish paternity, an allegation of paternity shall be obtained. Provided that the child's age is no more than five years past the age of majority, the allegation may be made by:

1. The child's mother;

2. The custodial parent, if the custodial parent is not the mother;

3. A man alleging himself to be the child's biological father; or

4. The child.

(c) In cases where there are multiple alleged fathers, the CWA/CSU shall:

1. Initiate paternity establishment proceedings against all alleged fathers named by the client. If one of the alleged fathers is excluded through genetic testing or if the court rules that he is not the father, the complaint shall be amended removing that individual as a defendant and the complaint shall proceed against the remaining defendants or the defendant whose genetic test established at least a 95 percent probability of paternity.

2. A consent order will be attempted in accordance with individual county procedures prior to the scheduled court date.

N.J. Admin. Code § 10:110-12.1

Amended by R.1998 d.506, effective 10/19/1998.
See: 30 New Jersey Register 1956(a), 30 New Jersey Register 3822(a).
Rewrote (a) and (c).
Amended by R.2004 d.88, effective 3/1/2004.
See: 35 New Jersey Register 3042(a), 36 New Jersey Register 1207(a).
In (c), substituted "CWA/CSU" for "CWA/CSP unit" in the introductory paragraph.