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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89602
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Hi, Only the Affidavit in Support of Establishing

Customer Question

Hi, Only the Affidavit in Support of Establishing Paternity Form is needed, right, to find some type of evidence required listed on the Affidavit in Support of Establishing Paternity Form, before a judge would order a court paternity test under New Jersey laws, would that be right?

Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

mmdesq :

Good Morning:

mmdesq :

Generally, a paternity test is ordered if the alleged Father refuses to execute the Acknowledgment of Paternity Affidavit. If he signs the affidavit, then he is acknowledging that he is the Father and there would be no need for the Paternity Test. If the Affidavit is signed that should be all that is need to proceed with he support proceeding. I hope this was helpful. Good Luck.

Customer :

Please opt out

Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Were you still looking for assistance with this question? If so, can you please clarify whether there is an existing affidavit of paternity and who is asking for a paternity test?
Customer: replied 1 year ago.

Affidavit in Support of Establishing Paternity Form is only needed, right, to find some type of evidence required listed on the Affidavit in Support of Establishing Paternity Form, before a judge would order a court paternity test under New Jersey laws, would that be right?

Expert:  Lucy, Esq. replied 1 year ago.
Yes.

If there is no acknowledgment of paternity by the man, a woman can introduce other evidence of paternity, such as her own statement that she engaged in sexual relations with a man during the relevant time period prior to conception. That statement goes on the Affidavit in Support of Establishing Paternity. The judge will order a paternity test based on the women's allegations. A man can also submit the affidavit if he wants to verify whether he is the father.
Customer: replied 1 year ago.

Would a witness who witnessed the mother and the alleged father personal relationship be another requirement (as it list it on the Affidavit in Support of Establishing Paternity Form) for ordering a court order paternity test because wouldn’t a witness who witnessed about the alleged father and mother personal relationship would be factual evidence instead of her own statement that she had sexual relations with the alleged father that could be a false statement from her to order a court order paternity test under New Jersey laws? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
Would a witness who witnessed the mother and the alleged father personal relationship be another requirement: No.


wouldn't’t a witness who witnessed about the alleged father and mother personal relationship would be factual evidence?
Yes.

It would be evidence, and it would be helpful, but it is not required by law.
Customer: replied 1 year ago.

Wouldn't the mother with her own statement saying she engaged in sexual relations could be a false statement because there's no way of proving that statement where when you have witnesses who witnessed the alleged father and mother personal relationship that would be factual evidence that better supports the alleged father and mother personal relationship if someone saw them or not, so is that right the judge would look at witnesses first and as factual evidence instead of her own statement that she had engaged in sexual relations that could be false. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
Wouldn't the mother with her own statement saying she engaged in sexual relations could be a false statement: Yes.

because there's no way of proving that statement. No.

where when you have witnesses who witnessed the alleged father and mother personal relationship that would be factual evidence that better supports the alleged father and mother personal relationship if someone saw them or not. No.

is that right the judge would look at witnesses first and as factual evidence instead of her own statement that she had engaged in sexual relations that could be false. No.

I'm happy to provide yes or no answers, since that's what you're asking for, but I can provide any clarification you would like.
Customer: replied 1 year ago.

Whatever true factual evidence the judge needs to find on the Affidavit in Support of Establishing Paternity Form it could be from witnesses or, gift cards or letters asking about her pregnancy, or her own statement that she engaged in sexual relations with the alleged father that has to be true, in order for a judge to order a court order paternity test under New Jersey laws, is that right. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
Yes.
Customer: replied 1 year ago.

So the judge would have to find true factual evidence listed on Affidavit in Support of Establishing Paternity Form in order for the judge to order a court order paternity test under New Jersey laws, is that right, I just want to make sure again. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
Yes
Customer: replied 1 year ago.

I'm sorry this is the last question: So the judge would only look at the Affidavit in Support of Establishing Paternity Form to fine true factual evidence in order for the judge to order a court order paternity test under New Jersey laws, is that right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
Only look at one party's affidavit? No.
Customer: replied 1 year ago.

Yeah that's what I mean they at only one Affidavit in Support of Establishing Paternity Form that has true factual evidence that, but the judge doesn't look at any other evidence from somewhere else besides the Affidavit in Support of Establishing Paternity Form before ordering a court order paternity test under New Jersey laws, is that right. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
Is the judge required to only look at one affidavit? No.

Is the judge allowed to only look at one affidavit? Yes
Customer: replied 1 year ago.

I understand that part, but what I'm asking is: That the judge doesn't look at nothing else beside the true factual evidence listed on the Affidavit in Support of Establishing Paternity Form in order for a judge to order a court order paternity test under New Jersey laws, is that right. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
That the judge doesn't look at nothing else beside the true factual evidence listed on the Affidavit in Support of Establishing Paternity Form in order for a judge to order a court order paternity test under New Jersey laws, is that right

Yes.
Customer: replied 1 year ago.

I'm sorry this should be my last question, I trying to understand, how would a mother prove her own statement that she engaged in sexual relations with the alleged father in front of the judge under New Jersey laws?

Expert:  Lucy, Esq. replied 1 year ago.
Proof in a civil case isn't the same as in a criminal case. She doesn't have to show that, beyond any and all reasonable doubts, she engaged in intercourse with the man. She just has to show that, more likely than not, they had sexual relations. Her testimony is proof of that. Any emails or text messages between them can be used as proof. Unless her statement is refuted with absolute evidence that sex absolutely could not have happened (such as that he was in a coma for 11 months before the child was born), her affidavit should meet the burden necessary for the judge to order the test. The test results can be conclusive proof that sex occurred, if positive, but do not necessarily mean that it didn't, if it's negative.
Customer: replied 1 year ago.

So her testimony would be witnesses who witnessed the personal relationship and emails or text messages saying the "I enjoyed the sex for that day" between them, in the emails or text messages it can't just be a regular conversation it would have to state "I enjoyed the sex for that day" to be true factual evidence, is that right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
No.

I think your question confuses testimony with evidence. All testimony is evidence. Not all evidence is testimony.

Her testimony is the statements she puts in the affidavit, based on her personal knowledge, such as "I had sex with John Doe on this day." Her evidence would be witnesses, emails or texts. If the man said, "I enjoyed the sex," anyone who heard it can testify, and that is evidence.
Customer: replied 1 year ago.

ok this should be the last question, I just want to make sure. So the emails and texts would have to say " I enjoyed sex with you that day" for it to be true factual evidence, is that right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
No.

The emails do not have to say that. Any emails or texts that tend to suggest to a reasonable person that sex occurred would be sufficient.
Customer: replied 1 year ago.

So the emails and texts would have to mention that some type of sex occurred between the alleged father and mother, is that right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
No,

Not explicitly.
Customer: replied 1 year ago.

The emails and texts would just have to mention they had "sex" or say it was "good or great love night" or say "I love you to each other", is that right,


Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
No.

There isn't any specific language that emails or texts must have. If a reasonable person could read the conversation and conclude that a sexual relationship existed between the parties, that can be used as evidence, even if the words sex or love are not mentioned. Innuendo and smiley faces can be used.
Customer: replied 1 year ago.

how about if you said "you'll meet someone that day to have sex", the judge could see it as if you might had have a massage that day, that wouldn't prove to the judge that they had sex is that right, Can you answer my question with a “yes” or “no”. Thank you.


 

Expert:  Lucy, Esq. replied 1 year ago.
If a person says "you'll meet someone that day to have sex", can that be used as proof that sex occurred?

Yes.

There are situations where a person's stated intent to do something in the immediate future may be used as evidence that an event occurred, in the absence of evidence that it didn't happen.

Would a judge read a person's stated intent to have sex as meaning that they only got a massage?

No, probably not.
Customer: replied 1 year ago.

but she would have to prove that she had sex with you by saying I had sex with you that day in the emails and text messages right, Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
No.
Customer: replied 1 year ago.

but can't any steal your email address info and phone and use it as if someone else took your place to have sex with that person that day, can't you say that to the judge, because there's no proof, who could of stole someone email address info and password XXXXX phone number written down on a piece of paper that day, am I right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
No.

Is it theoretically possible that someone hacked an email account or stole a phone? Yes.

Will the judge presume that's what happened? No.

Remember that the affidavit in support of establishing paternity is primarily seeking to get a DNA test ordered. The judge can order the test if there's conflicting evidence, as long as there is some evidence to support that sex occurred. The judge is interested in protecting the child, not either adult, and the way to do that is to order the test.
Customer: replied 1 year ago.

Honest to God, I just want to let you know that's what happened in my case, I had my phone number and email address and password XXXXX down along with my phone inside my room drawer, and someone stole it from my room, a stranger and returned the phone the next day on my house front door several months ago. And what I found out I found messages on it saying he met up with his girlfriend that to have sex, using my i.d. So can't you tell the judge that happened, and judge will know that it is true. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
Yes, you can tell the judge that's what happened.
Customer: replied 1 year ago.

I just want to make sure with you again, what I told you in the previous message, that it is true that the judge will believe that's what happened in my situation. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
I'm sorry, but that's not something that can be answered with a yes or no. I can't promise what the judge will or will not believe, especially without seeing all of the evidence from both sides. I can only tell you what he's allowed to consider.
Customer: replied 1 year ago.

Alright, but if the judge knows thats what happened in my situation, there's no way any person would disapprove what I told you happened in my second to last previous message because there's no proof, right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
I read your question to mean:

If there's evidence that the phone was stolen, can someone else prove that it wasn't?

No, not without evidence. If I misinterpreted that, though, please let me know.

Also, the judge doesn't have to believe all evidence that he is presented. In almost every court case, the judge is given conflicting evidence. He is allowed to make choices regarding who to believe and who to disbelief. I appreciate why you're asking for yes and no answers, but in practice, the law is almost never black and white. Thorough and complete answers are far more likely to be "Yes, if...." "Yes, but," or "No, unless...." than simple yeses or nos. The judge can look at evidence that someone sent a text, hear evidence that the phone was stolen, and still find that the phone's owner sent the text.
Customer: replied 1 year ago.

The judge would need proof right that it was me that use the phone or email address sending those message,Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
Yes
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19927
Experience: Attorney with experience in family law.
Lucy, Esq. and 4 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your help, I appreciate it. I will mark your answer as credit given. Have a nice day.

Customer: replied 1 year ago.

Hi Lucy. Emails, phone calls, text messages, tape recording, and videotaping can’t be submitted as evidence on the Affidavit in Support of Establishing Paternity Form before a judge would order a court order paternity test, is that right. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
Those items may be submitted as evidence.

I'm sorry - the negatives in the question made a yes or no answer too ambiguous.
Customer: replied 1 year ago.

Isn't it invasion of privacy to submit emails, phone calls, text messages, tape recording, and videotaping as evidence on the Affidavit in Support of Establishing Paternity Form before a judge would order a court order paternity test under New Jersey laws, is that right. That what I heard from another lawyer but I want to make sure with you. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
No.

It's not an invasion of privacy to submit evidence that support a person's claim in court. A person does not have a privacy interest in emails or text messages after they are sent, and there is no general law that prohibits a person from sharing them.
Customer: replied 1 year ago.

Can an alleged father deny taking a court order paternity test and avoid being the father of his child under New Jersey laws by saying it’s my right under the Fourth Amendment of the United States Constitution which stops toward unreasonable searches and seizures. Can you answer my question with a “yes” or “no”.

Expert:  Lucy, Esq. replied 1 year ago.
No.
Customer: replied 1 year ago.

Is there any way that an alleged father can refuse taking a court order paternity test under New Jersey laws?

Expert:  Lucy, Esq. replied 1 year ago.
In most cases, no. The only real way to avoid a test when a woman says "That is the father of my child" is to show that the man physically could not be the father - medical evidence of impotency predating the child's conception possibly, evidence that the father was incarcerated during the time that the child was conceived (with no visits by the woman), evidence that he was in a mental hospital or in a coma... that's unfortunately about it. Otherwise, because the law so heavily favors children over the parents, the man will usually have to take the test.
Customer: replied 1 year ago.

Can you refuse taking the court order paternity test if you have a mental illness under New Jersey laws? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
No.

A person who is mentally ill can still father a child and is still liable for child support, so that's not a defense.
Customer: replied 1 year ago.

But tape recording and videotaping is invasion of privacy to list it on the Affidavit in Support of Establishing Paternity Form under New Jersey laws, right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
Voice recording. No.

New Jersey law only requires the consent of one party to a conversation in order to record it.

Video recording: Yes and no.

If someone took video of people having sex without their consent, that's an invasion of privacy. Videos designed to catch someone in a state of undress, such as in the bedroom or bathroom are an invasion and are likely actionable under criminal voyeurism statutes. Videos of a person in a public place where he has no expectation of privacy are not an invasion and can be used.
Customer: replied 1 year ago.

Emails, phone calls, text messages, tape recording, and videotaping can’t be submitted as evidence on the Affidavit in Support of Establishing Paternity Form without a warrant before a judge would order a court order paternity test, is that right. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
No, that's not right.
Customer: replied 1 year ago.

What are the documentary submission types of evidence that can be used before ordering a court order paternity test under New Jersey laws?

Expert:  Lucy, Esq. replied 1 year ago.
Any relevant evidence that has been authenticated can be admitted if it's necessary to have a hearing, unless there's an applicable rule excluding it. Any statement by an opposing party is admissible, so that means texts, emails, Facebook posts, tweets - anything the other party said or posted can be used. Hotel receipts, maybe - without all of the facts of a case, it's hard to give a comprehensive list. But the warrant requirement only applies to police, so it can't be used to suppress evidence in a paternity case offered by a civilian.
Customer: replied 1 year ago.

What can be submitted as true factual evidence besides the evidence they ask on the Affidavit in Support of Establishing Paternity Form before the judge orders a court order paternity test under New Jersey laws?

Expert:  Lucy, Esq. replied 1 year ago.
If the judge grants a hearing, any evidence that tends to show paternity, or disprove it, may be admitted unless there is a specific rule that prohibits it.

If there is no hearing, a party could move to strike any attachments to the Affidavit that aren't specifically authorized by the affidavit.
Customer: replied 1 year ago.

Doesn't the judge only look at the questions asked on the Affidavit in Support of Establishing Paternity Form as evidence only before a judge orders a court order paternity test under New Jersey laws. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
Not always.
Customer: replied 1 year ago.

Like you mentioned the Affidavit in Support of Establishing Paternity Form is only needed, right, to find some type of evidence required and no other evidence is required besides whats listed on the Affidavit in Support of Establishing Paternity Form , before a judge would order a court paternity test under New Jersey laws, would that be right? Can you answer my question with a “yes” or “no”. Thank you

Expert:  Lucy, Esq. replied 1 year ago.
Can the judge order a paternity test based only on what's in the affidavit? Yes.

Is the judge prohibited from considering any other evidence than what's in the affidavit? No.

If a reasonable person could read the affidavit and think "It's possible that this guy is the father," the judge can order the test - even if the other party's evidence disputes what is in the affidavit. He is not restricted from considering other evidence that might be presented to him.
Customer: replied 1 year ago.

Isn't the Affidavit in Support of Establishing Paternity Form the only way to gather as much witnesses and regular information needed only and don't need no other evidence to order court order paternity test under New Jersey laws? Can you answer my question with a “yes” or “no”. Thank you.


 

Expert:  Lucy, Esq. replied 1 year ago.
No, it's not true that the affidavit is the only way to gather witnesses and information. Any time you start talking in absolutes, the answer is likely no, because there are exceptions to most rules.

Yes, in some cases, no other evidence is needed before a judge will order a paternity test.
Customer: replied 1 year ago.

So if there were no witnesses who witnessed the personal relationship between the alleged father & mother and the mother said the alleged father and child were together without proof, listed on the Affidavit in Support of Establishing Paternity Form, that's enough for the judge not to order a court order paternity test under New Jersey laws, right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
No.

The mother's statement is proof. The judge can order a test based solely on her statement.
Customer: replied 1 year ago.

But witnesses who witnessed the alleged father and mother in their personal relationship is a requirement right, because that shows proof that someone knows that their in a personal relationship along with the mother's statement to complete the proof together, in order to order a court order paternity test under New Jersey laws, right? Can you answer my question with a “yes” or “no”. Thank you.


 

Expert:  Lucy, Esq. replied 1 year ago.
No. That is not a requirement.

Lots and lots of people have sexual relations without anyone ever knowing about it. That can't be required to prove paternity - for one thing, it would make paternity proceedings unnecessarily long, expensive, and cumbersome. All the judge needs is the woman's statement to order the test. The way for the man to 100% prove that he is not the father is to take the test. If he's not the father, there's no reason to refuse. If he is the father, refusing is just delaying the inevitable, so it's not productive. The only way to avoid the test are the things we've already discussed.
Customer: replied 1 year ago.

If an alleged father has a long term mental illness, which he went to a psychiatric hospital that was treated with medicine and still currently taking medicine at home for the long term mental illness that is not under control which he’s unable to work and can’t work because the long term mental illness is preventing him from working, will it be termination of parental rights (T.P.R.) which will also stop his rights and responsibilities for his child under New Jersey laws. Can you answer my question with a “yes” or “no”. Thank you.

Customer: replied 1 year ago.

Can you response to my previous message

Customer: replied 1 year ago.

What are the documentary submission types of evidence that can be used before ordering a court order paternity test under New Jersey laws?


 

Expert:  Legalease replied 1 year ago.

Hello there

-

I noticed that you opted out the prior expert who was assisting you. Her answers were one hundred percent correct.

-

You are looking at this topic/subject of the Affidavit of Paternity from the standpoint that the court should not take the womans word for it in the affidavit and order the test.

-

The cold hard facts here is that the Judges do not want to hear any of the details of any relationship is they can avoid it because it can be simply too salacious for a courtroom to hear on any given day. The testimony of the mother of the child saying that she had relations with the man in the Affidavit is enough evidence (testimony is evidence) for the NJ court (and ANY court in the US) to order the paternity test. There is no way around the test unless the man can step forward at the first hearing and show that he was out of the country or in a coma (as Lucy said) for the preceding YEAR before the child was born. Medical and psychiatric issues of the man will not matter to the court and do not matter to the court.

-

THe botXXXXX XXXXXne is -- the court will believe the woman;s word over the man's word regarding whether or not the man is the father in 100% of the cases presented because a DNA test is not painful and it is not invasive and it will tell the court with 100% certainty whether or not the man named by the woman is the father. And the law in NJ (and in all US states) is very clear -- if the man refuses to take the paternity test or does not appear at the hearing for the test, then the court WILL name him as the father of the child and start charging him child support.

-

Is it always FAIR for the court to simply accept the statement of the woman in the affidavit as being truthful and correct? No -- it is NOT always fair. However, the court will not leave the child without a legal father if it can avoid doing so, so the courts simply tell man named in the affidavit by the woman to "Take the test, prove you were in a coma or prepare yourself to pay child support".

-

I have never, ever seen a court get into the issues and questions that you presented to Lucy in this thread since the advent of DNA testing (and I have been involved in several fathers rights cases with colleagues in NJ, PA, MD, Alabama, MA, CT, RI and NY).

-

I am sorry to be so direct, but you made the question much more complicated than it needed to be with Lucy. The NJ family court will accept the woman's word as the truth and order the paternity test (no proof of the relationship is required). Whether the man takes the test or not is up to him -- but if he refuses without being able to prove to the court that he was out of the country or in a coma for a full year before the child was born, then the man will be judged by the court to be the father of that woman's child.

-

MARY

Customer: replied 1 year ago.

What can be submitted as evidence besides the evidence they ask on the Affidavit in Support of Establishing Paternity Form before the judge orders a court order paternity test under New Jersey laws.

Expert:  Legalease replied 1 year ago.

Hello again -

-

Nothing except proof that the man was out of the country or in a coma for one year before the child was born -- to show definitively that he had no access to get the woman pregnant. Other than that, the courts will not accept any other proof or require any other proof -- the court will simply order the test and if the man refuses the test, he will be judged by the court to be the father and will be ordered by the court to pay child support.

-

MARY

Customer: replied 1 year ago.

So if no witnesses who witnessed the alleged father & mother personal relationship and the mother says the alleged father was with the child without proof listed on the Affidavit in Support of Establishing Paternity Form isn't that enough for the judge not to order a court order paternity test under New Jersey laws, right. Can you answer my question with a “yes” or “no”. Thank you

Expert:  Law Educator, Esq. replied 1 year ago.
No, that is not true. If the mother states she had unprotected sex with the person around the time of conception, that is all that is needed in the affidavit for the court to order a paternity test.
Customer: replied 1 year ago.

What can be submitted as evidence besides the evidence they ask on the Affidavit in Support of Establishing Paternity Form before the judge orders a court order paternity test under New Jersey laws?

Expert:  Law Educator, Esq. replied 1 year ago.
In NJ, they can submit names of witnesses, emails or text messages or anything else that would show the person could potentially be the father.
Customer: replied 1 year ago.

Does the judge look at only the Affidavit in Support of Establishing Paternity Form for only one of the evidence required for ordering a court order paternity test under New Jersey laws?

Customer: replied 1 year ago.

But witnesses who witnessed the alleged father and mother in their personal relationship is a requirement right, because that shows proof that someone knows that their in a personal relationship along with the mother's statement to complete the proof together, in order to order a court order paternity test under New Jersey laws, right? Can you answer my question with a “yes” or “no”. Thank you

Expert:  Lucy, Esq. replied 1 year ago.
Hi,

I received a note that you had requested my assistance with this. However, I know that you opted me out of our other conversation last night (I do apologize for stepping away for a couple of hours to eat dinner).

Did you want me to continue helping you? Do you have any new questions that we haven't already gone over?
Customer: replied 1 year ago.

Yes, my question is: Can the father sign over his parental rights voluntarily for any reason which will stop his rights and responsibilities for his child under New Jersey laws? Can you answer my question with a “yes” or “no”. Thank you.


 

Expert:  Lucy, Esq. replied 1 year ago.
Can the father sign over his parental rights voluntarily for any reason

Yes.

which will stop his rights and responsibilities for his child under New Jersey laws?

No.

A father can sign over his parental rights. He cannot sign over parental responsibilities without the consent of the mother. In some cases, a father cannot sign over his responsibilities even with the consent of the mother, for example if the mother applies for public assistance.
Customer: replied 1 year ago.

In my situation, If an alleged father has a long term mental illness, which he went to a psychiatric hospital that was treated with medicine and still currently taking medicine at home for the long term mental illness that is not under control which he’s unable to work and can’t work because the long term mental illness is preventing him from working, will it be termination of parental rights (T.P.R.) which will also stop his rights and responsibilities for his child under New Jersey laws. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
No.

I'm sorry, but the law doesn't work that way. A father who is 100% disabled due to mental illness may be able to get his support dramatically reduced, since it's based on income. But there is nothing in the law that provides for automatic termination of rights and responsibilities, since the father could recover and begin to work at some time during the next 18 years (even if it's not likely).
Customer: replied 1 year ago.

If an alleged father used a prostitute does he have to take a court order paternity test because the judge knows it was an illegal act done by the alleged father and the prostitute mother? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
Yes.

I realize that this one doesn't make a lot of sense, but the idea is that the money is for the child born, and the child doesn't have any control over the fact that he was conceived during an illegal act. That's also why, when you hear stories of older women that had affairs with teenage boys, those young boys still have to pay support, even though they're really victims. The system really is skewed so that it's incredibly unfair to men. But that's the system we have, so we have to work within it until someone can come up with a better way of doing things.
Customer: replied 1 year ago.

If the judge was told by the alleged father that he is one of the many alleged father that the prostitute mother had sex with, won’t the judge reject ordering a court paternity test because theres so many man to test and not one man under New Jersey laws? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
No.

In that scenario, the judge can order tests of all men who might be the father.
Customer: replied 1 year ago.

Can't you voluntarily terminate your parental rights to not see your child ever again and have nothing to do with your child which will stop you rights and responsibilities under New Jersey laws. Can you answer my question with a “yes” or “no”. Thank you.


Expert:  Lucy, Esq. replied 1 year ago.
Can't you voluntarily terminate your parental rights to not see your child ever again

Yes.

and have nothing to do with your child

Yes.

which will stop you rights and responsibilities under New Jersey laws.

No.


Again, person can voluntarily waive rights, not obligations. For example, as a United States citizen, I can choose to waive the rights of citizenship. I cannot, however, choose to waive my obligation to pay taxes on income received while I am living in the United States. That's because rights benefit you, and obligations benefit someone else. There's nothing in the law that allows a father to waive his child's right to be supported by both parents.
Customer: replied 1 year ago.

If you have a mental illness and that mental illness stops you from work won't it be termination of parental rights which will stop your rights and responsibilities because your unable to work because due to your mental illness and the judge have your mental hospital records as proof that you have a mental illness? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
No.

For the reasons I explained earlier, mental illness does not relieve someone of his obligation to pay child support.
Customer: replied 1 year ago.

If you have a mental illness and your unable to work, how can you pay child support then, under New Jersey laws?

Expert:  Lucy, Esq. replied 1 year ago.
Support is based on income. A person who is mentally disabled may receive disability income, which could be used. The judge can also order nominal support amounts - the minimum in New Jersey is $5 per week. But, again, mental illness can be cured, so a judge won't terminate someone's child support obligation today if there is any possibility that he will recover and get a job before his child reaches adulthood.
Customer: replied 1 year ago.

Can the father give up his child for adoption without the mother permission because both have separate equal rights to give up their own child, right under New Jersey? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
No.

But the mother typically can't give the child up for adoption over the father's objection, either.
Customer: replied 1 year ago.

How much child support would you be paying if you had a mental illness and can’t work because of your mental illness and receive $467.00 in disability benefits each month?

Expert:  Lucy, Esq. replied 1 year ago.
We're unfortunately not allowed to do the calculations for you, but this calculator should help you figure it out if you know each parent's income.
http://www.alllaw.com/calculators/childsupport/new_jersey/
Customer: replied 1 year ago.

Affidavit in Support of Establishing Paternity Form is only needed, right, to find some type of evidence required which would be only witnesses or regular information without proof or you would provide additional information about the alleged father and child together without proof and no other evidence would be needed, right, before a judge would order a court paternity test under New Jersey laws, would that be right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
Please review my previous answers. I'm sorry, but I have answered this question repeatedly. I apologize, but I am no longer going to be able to assist you. The purpose of this site is for people who need to know what the law is to ask questions and get an answer. It is not to spend more than 48 hours debating laws that a person does not agree with. If there were a law that supported your position, I would be happy to answer it. However, we work on the honor system, we do not receive an hourly wage, we do not get paid for follow-up questions unless they are separately rated, and I simply cannot continue repeating the same thing over and over. I will open this question up to the other experts, but I'm afraid that what you need is assistance that is really beyond the scope of this site.
Customer: replied 1 year ago.

I'm sorry I was confused can you tell me again, here is the question: Affidavit in Support of Establishing Paternity Form is only needed, right, to find some type of evidence required which would be only witnesses or regular information without proof or you would provide additional information about the alleged father and child together without proof and no other evidence would be needed, right, before a judge would order a court paternity test under New Jersey laws, would that be right? Can you answer my question with a “yes” or “no”. Thank you.

Customer: replied 1 year ago.

I'm sorry I was confused on a question, here is the question: Affidavit in Support of Establishing Paternity Form is only needed, right, to find some type of evidence required which would be only witnesses or regular information without proof or you would provide additional information about the alleged father and child together without proof and no other evidence would be needed, right, before a judge would order a court paternity test under New Jersey laws, would that be right? Can you answer my question with a “yes” or “no”. Thank you.

 

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your post. A different professional here. I happen to be New Jersey licensed.

I have reviewed the multitude of responses that you have demanded and requested, and they are all in line with New Jersey law. Asking 'yes/no' questions to answers that do not have 'yes/no' answers is not really going to assist you especially since the vast majority of law is not black or white.

And the answer to your question is "no", although that answer does not really help you. The Affidavit is not only used or need for that type of evidence, it is jut an additional tool toward claiming or disproving paternity.

Please take care.

Customer: replied 1 year ago.

So if no witnesses who witnessed the alleged father & mother personal relationship and the mother says the alleged father was the child without proof listed on the Affidavit in Support of Establishing Paternity Form isn't that enough for the judge not to order a court order paternity test under New Jersey laws, right. Can you answer my question with a “yes” or “no”. Thank you

Expert:  Dimitry K., Esq. replied 1 year ago.
I am going to likewise opt out since you are only demanding yes/no answers to questions that have no yes/no answers. The law is not yes/no, and asking yes/no questions over and over will not really assist you. Take care.
Customer: replied 1 year ago.

Hi, Affidavit in Support of Establishing Paternity Form is only needed, right, to find some type of evidence required which would be only witnesses or regular information without proof or you would provide additional information about the alleged father and child together without proof and no other evidence would be needed, right, before a judge would order a court paternity test under New Jersey laws, would that be right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Dimitry K., Esq. replied 1 year ago.

You are asking a question that has no 'yes/no' answers. You are also obviously looking for an answer that states that the judge is going to deny the paternity request.

It does not work that way. The judge, if he finds there is enough evidence in his mind that there is a chance the parties were together, will order a test. Praying for a denial is not going to make it so. Similarly, what we will tell you is less important that what the judge will say. The judge can make this ruling, and no attorney could overturn him other than on appeal if there are grounds to do so, and here there are no grounds to do so.

Nobody requires a person to film individuals actually actively engaging in copulation to request a paternity request. If one party claims there were instances when the parties were close, and there is come circumstantial evidence linking the two, the judge will order a test.

This is not a yes/no question.

Customer: replied 1 year ago.

So if no witnesses who witnessed the alleged father & mother personal relationship and the mother says the alleged father was the child without proof listed on the Affidavit in Support of Establishing Paternity Form isn't that enough for the judge not to order a court order paternity test under New Jersey laws?

Expert:  Dimitry K., Esq. replied 1 year ago.

No, it's not. My apologies, you are not going to receive the answer that you are hoping to hear, the fact that you are restating the question I just answered makes me believe you did not read my response.

Customer: replied 1 year ago.

Affidavit in Support of Establishing Paternity Form is only needed, right, to find some type of evidence required, before a judge would order a court order paternity test under New Jersey laws, would that be right?

Customer: replied 1 year ago.

Paul MJD sorry, can you please reply to my question, here is my question: Affidavit in Support of Establishing Paternity Form is only needed, right, to find some type of evidence required, before a judge would order a court order paternity test under New Jersey laws, would that be right?

Expert:  Lawrence D. Gorin replied 1 year ago.
Need further information:
Did you ever have sexual intercourse with the mother of the child? Please answer my question with a “yes” or “no”. Thank you.
Customer: replied 1 year ago.

Yes. But theirs no way of proving that right on the Affidavit in Support of Establishing Paternity Form.

Customer: replied 1 year ago.

Hi Lucy, I'm sorry for being confused on some of your answers, I just have few more questions can you answer them for me I would appreciate it here is the question: Affidavit in Support of Establishing Paternity Form is only needed, right, to find some type of evidence required, before a judge would order a court order paternity test under New Jersey laws, would that be right?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your continued repetitve responses, but we are confused by your confusion as the matter is pretty simple and clear and I will break it down one more time and there is NOTHING MORE to ask because this is what it is.

If the woman says in an affidavit she had sex with you and shortly after she got pregnant then you have NO ARGUMENT TO STOP A DNA TEST. All she has to say is she had sex with you and the court will order the test. It doesn't matter if she was a prostitute you paid or if you are declared mentally incompetent or anything else you keep raising.

All of these now exactly 100 questions back and forth are no longer necessary from you.

To summarize: She says she had sex with you in the affidavit means court will order DNA test end of story. Plain and simple and there is nothing else to it at all under NJ law.

Again, if she submits affidavit, then your answer is "YES" that is ALL the court in NJ needs to order the test.
Customer: replied 1 year ago.

Sorry Paul, The Affidavit in Support of Establishing Paternity Form is the only thing and nothing else that the judge look at for required information, before a judge orders a court order paternity test under New Jersey laws, is that right?


 

Expert:  Law Educator, Esq. replied 1 year ago.
YES, that is all that is required by the NJ court. Anything else submitted is optional.
Customer: replied 1 year ago.

Isn’t any documentary submission types of evidence invasion of privacy for submitting required information before a judge orders a court order paternity test, under New Jersey laws?

Expert:  Law Educator, Esq. replied 1 year ago.
No it is not a violation of privacy rights and we are not going through all of this again as I said above we are getting very repetitive, please I am begging you.

The answer here is just very simple, she tells court you had sex with her around time she got pregnant and NJ court orders DNA test. End of story completely, no matter what else you say or what other issues you raise, the NJ court will order the DNA test, period and end of story.
Customer: replied 1 year ago.

Sorry Paul, So if there are no witnesses who witnessed the alleged father & mother personal relationship and the mother says the alleged father was the child without proof listed on the Affidavit in Support of Establishing Paternity Form that's enough for the judge not to order a court order paternity test under New Jersey laws, right. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
NO YOU ARE INCORRECT.

AGAIN. Mother says on affidavit she had sex with you, NJ court orders you to take DNA test. END OF STORY. There is nothing more to say and that is all that is needed.

PLEASE STOP ASKING THE SAME QUESTIONS OVER AND OVER. THANK YOU.
Customer: replied 1 year ago.

In New Jersey court can you not accept paternity test results for your paternity tests by saying they are inaccurate results? And then would the judge say would say your not the legal father after not accepting the paternity test results after taking the paternity test as many times until the judge finally say your not the father because you said many times already that the DNA tests could be inaccurate because their could be two people in the world that have same genetic markers, under New Jersey laws?


Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
NO, You cannot challenge based on that reason.

THERE ARE NO TWO PEOPLE IN THE WORLD WITH THE SAME EXACT DNA. Do not even go there!!!!!! If you do, the NJ Court will put you in jail for raising a frivolous argument.
Customer: replied 1 year ago.

Alright, when a mother makes a statement that she had sex with the alleged father on the Affidavit in Support of Establishing Paternity Form, she can't submit any other evidence to prove she had sex with the alleged father besides whats she said only on the Affidavit in Support of Establishing Paternity Form, right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
NO, this has ALREADY BEEN ANSWERED.

She can submit whatever she wants for evidence or she does not have to submit anything. PERIOD.

WE WILL NOT GO BACK OVER ALL OF THE SAME QUESTIONS YOU HAVE ASKED ABOVE. PLEASE STOP!!!!
Customer: replied 1 year ago.

If she submit emails, phone calls, text messages, tape recording, and videotaping as evidence on the Affidavit in Support of Establishing Paternity Form can't you say to the judge someone stole your email address and password, phone, and theres a person that looks just like me and sound like me and the judge would believe it, because theirs billions of people in this world were there are few people that could imitate how you look and your voice and he also know theres i.d. theft going on especially in the U.S. and people houses being robbed, so a judge would not order a court order paternity test under New Jersey laws, is that right. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
ANSWERED ABOVE ALREADY.

YOU WILL BE ORDERED TO GIVE THE DNA TEST. PERIOD.

YES court will order DNA test.
Customer: replied 1 year ago.

How would a judge order a court order paternity test if she submit emails, phone calls, text messages, tape recording, and videotaping as evidence on the Affidavit in Support of Establishing Paternity Form can't you say to the judge someone stole your email address and password, phone, and theres a person that looks just like me and sound like me and the judge would believe it, because theirs billions of people in this world were there are few people that could imitate how you look and your voice and he also know theres i.d. theft going on especially in the U.S. and people houses being robbed.


I also saw in a movie there was a high tech face and body suit made the same exact way as the original person, so i.d. theft and someone can imitate how you look and your voice right, this could have happened to me right, because that's what happened in my situation someone robbed my email address, password, and phone number written on a piece of paper and stole my phone several times, where I found in the messages that the man had sex with his girlfriend when I check me email and text messages, so the judge would believe that right, and not order a court order paternity test under New Jersey laws. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
All she needs to say, AS I SAID AND EVERY OTHER EXPERT HAS SAID, is SHE HAD SEX WITH YOU around the same time she became pregnant. That is ALL she needs to say for a court to order a DNA test.

If you make any of these arguments you keep making above to the NJ court, you will find yourself put in jail for contempt of court.

If you want to end up in jail, then feel free to make these arguments.

THE ANSWER is "NO," the court WILL STILL ORDER A DNA TEST.
Customer: replied 1 year ago.

How about if she stated she was with many men around the same time she got pregnant and she stated she had sex with me also the same time on Affidavit in Support of Establishing Paternity Form isn't that enough for the judge not to order a court order paternity test because it would cost a lot of money to test everybody for the court and the judge would say to the mother know for 100% whose the father to get that individual tested only and not nobody else, under New Jersey laws? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If she is stupid enough to admit she had sex with numerous individuals the court can AND WILL order EVERY ONE OF THEM to submit to a DNA test and EACH PERSON will have to pay for their own test or be put in jail for contempt of court.

The ANSWER IS, "NO" the mother does not have to know 100% who the father is.
Customer: replied 1 year ago.

If an alleged father used a prostitute does he have to take a court order paternity test because the judge knows it was an illegal act done by the alleged father and the prostitute mother time spent together was paid for by the alleged father? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
This has been answered above at least 4 times.

NO, just because she is a prostitute does not relieve you of paternity liability if you are found to be the father. The court WILL STILL ORDER THE DNA TEST.
Customer: replied 1 year ago.

Can the father sign over his parental rights voluntarily for any reason and want nothing to do with the child no more which will also stop his rights and responsibilities for his child under New Jersey laws? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
AGAIN, this was answered 3 other times above.

NO, signing off voluntarily terminating parental rights does NOT automatically absolve the father of paying child support for the child.
Customer: replied 1 year ago.

If an alleged father has a long term mental illness, which he went to a psychiatric hospital that was treated with medicine and still currently taking medicine at home for the long term mental illness that is not under control which he’s unable to work and can’t work because the long term mental illness is preventing him from working, will it be termination of parental rights (T.P.R.) which will also stop his rights and responsibilities for his child because it would be involuntary termination of parental rights under New Jersey laws. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Again, Sir, this has been ASKED AND ANSWERED at least 4 times above.

The answer is "NO," just because the father is mentally disabled does not mean there will be a termination of parental rights automatically and it does NOT mean that they are not responsible for child support.

Mentally handicapped people ARE RESPONSIBLE FOR CHILD SUPPORT FOR THEIR CHILDREN. Being mentally handicapped does not give license to go around having unprotected sex and then dodging liability for support for any children that result I am afraid.
Customer: replied 1 year ago.

But witnesses who witnessed the alleged father and mother in their personal relationship is a requirement right, because that shows proof that someone knows that their in a personal relationship along with the mother's statement to complete the proof together the witnesses and the mother's statement, right, in order to order a court order paternity test under New Jersey laws? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
NO, witnesses are not required. It is pretty rare that people have witnesses to them having unprotected sex. Only a sexual relationship is needed, not a personal relationship.

NO, no personal relationship is required for someone to be held liable for child support. If you had sex with someone and they get pregnant right around that time, you WILL BE ORDERED TO HAVE A DNA TEST, regardless of you having any relationship with them all you have to have is sex with them, no other relationship required.
Customer: replied 1 year ago.

Affidavit in Support of Establishing Paternity Form is only needed, right, to find some type of evidence required which would be only witnesses or regular information or you would provide only additional information about the alleged father and child together and no other evidence would be needed, right, before a judge would order a court order paternity test under New Jersey laws, would that be right? Can you answer my question with a “yes” or “no”. Thank you.


 

Expert:  Law Educator, Esq. replied 1 year ago.
Asked and answered above by 4 different experts.

YES.
Customer: replied 1 year ago.

You know in which cases a judge would not order a court paternity test under New Jersey laws?

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, the court will not order a test if the alleged father presents evidence they were physically incapable of impregnating the woman either because they were a great distance of miles away during the time the child was conceived or that they have some medical issue that makes them sterile and not able to produce sperm so they could not get her pregnant.

Those are the ONLY reasons the court will not order the test and I do mean the ONLY reasons, if she says you did have sex during the time the child was conceived.
Customer: replied 1 year ago.

Sorry this should be the last question, Affidavit in Support of Establishing Paternity Form is only needed, right, to find some type of evidence required which would be only witnesses or regular information or you would provide only additional information about the alleged father and child together and no other evidence can't be submitted, right, before a judge would order a court order paternity test under New Jersey laws, would that be right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Again, asked and answered now 8 times, I went and counted above and in the other thread.

NO. You keep saying "and no other evidence can't be submitted" and YOU ARE WRONG when you say that. Any other evidence can be submitted, it is just the bare minimum is the affidavit.

YES the Affidavit is only needed and that is the bare minimum. The mother can submit ANY OTHER EVIDENCE THEY WANT TO PROVE THEIR CASE. The BARE MINIMUM is the AFFIDAVIT.
Customer: replied 1 year ago.

If the Affidavit in Support of Establishing Paternity Form has insufficient information on it, the judge won't order a court order paternity test under New Jersey laws, right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
YES, if the affidavit has insufficient information the court WILL NOT order the DNA test.
Customer: replied 1 year ago.

Sorry, this should be the very last question. So if there are no witnesses and no information about the alleged father and child together or there is information about witnesses and alleged father and child together without proof listed on the Affidavit in Support of Establishing Paternity Form the judge won't order a court order paternity test under New Jersey laws, right.


Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
NO, again, witnesses ARE NOT REQUIRED. Normally there are no witnesses to you having sex. If she says you had sex the JUDGE WILL ORDER THE TEST.
Customer: replied 1 year ago.

So if there are no witnesses who witnessed the alleged father and mother personal relationship and no information about the alleged father and child together or there is information about witnesses who witnessed the alleged father and mother personal relationship and alleged father and child together without proof listed on the Affidavit in Support of Establishing Paternity Form the judge won't order a court order paternity test under New Jersey laws, right. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
THIS IS THE TWELVETH TIME YOU HAVE ASKED THIS.

NO!!!!!! The JUDGE WILL ORDER A TEST IF SHE ALLEGES IN THE AFFIDAVIT YOU HAD SEX WITH HER. NOTHING ELSE IS REQUIRED.
Customer: replied 1 year ago.

Sorry, The judge does look for if there are no witnesses who witnessed the alleged father and mother personal relationship holding hands, kissing,and stating to friends & relatives that their in a personal relationship and no information about the alleged father & child together or there is information about witnesses who witnessed the alleged father and mother personal relationship and alleged father holding hands, kissing,and stating to friends & relatives that their in a personal relationship and the alleged father & child together without proof listed on the Affidavit in Support of Establishing Paternity Form before the judge will order a court order paternity test under New Jersey laws, right. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
NO, personal relationship has NOTHING TO DO WITH THIS. If you had sex with her is all that matters to the court.
Customer: replied 1 year ago.

Sex would mean if she only had sexual intercourse, which is vaginal and penis sex only, right.

Expert:  Law Educator, Esq. replied 1 year ago.
I am not currently aware of any other way for a woman to get pregnant besides penile/vaginal sex other than artificial insemination, so YES, that is what sex means in the context of talking about how someone becomes a father.
Customer: replied 1 year ago.

How about if a women got pregnant through oral sex or penile/vaginal sex with a condom practicing safe sex would a judge still order a court order paternity test under New Jersey laws.

Expert:  Law Educator, Esq. replied 1 year ago.
YES THEY WOULD.

There is no way in this universe a woman can get pregnant from oral sex, it is scientifically impossible.

As far as condoms, right on the package it says it is not guaranteed to stop pregnancy, so this will not stop the judge from ordering a paternity test.
Customer: replied 1 year ago.

So if a judge knows you had oral sex with a women will the judge order a court order paternity test under New Jersey laws? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
NO. If the woman says she ONLY had oral sex with you, then the judge will NOT order a paternity test because it is IMPOSSIBLE for her to get pregnant from having only oral sex or even from having anal sex. The only way for her to get pregnant is vaginal sex.
Customer: replied 1 year ago.

If you took out the penis out of the vagina and then ejaculated inside the condom would a judge still order a court order paternity test under New Jersey laws?

Expert:  Law Educator, Esq. replied 1 year ago.
YES, based on such an argument the court would have no choice but to order the test in NJ. (You said 7 questions ago that was your last question).
Customer: replied 1 year ago.

Sorry this is the last question, if you had sex with a condom on and did not ejaculate would the judge still order a court order paternity test under New Jersey laws?

Expert:  Law Educator, Esq. replied 1 year ago.
You cannot prove at this late point you did not ejaculate, even when there is no full ejaculation semen can seep out and can cause pregnancy, so this argument would not sway the court. Thus, the answer would be YES the court will still order the test.
Customer: replied 1 year ago.

I'm sorry this is most certainly the last question: How about if you show the judge beforehand the videotape that you didn't even ejaculate at all and it would show inside the condom that there is no semen at all after having sex, would the judge still order a court order paternity test under New Jersey laws?

Expert:  Law Educator, Esq. replied 1 year ago.
If you have a video tape of you having sex, then you can use that to argue that you could not be the father. If you can prove this to the court NO the judge would not order the test.
Customer: replied 1 year ago.

Sorry this is most certainly the last question, so the mother need videotaping as proof to back up her statement that she had sex with the alleged father, right. Can you answer my question with a “yes” or “no”. Thank you.


 

Expert:  Law Educator, Esq. replied 1 year ago.
NO. The mother needs NO VIDEOTAPE OR ANYTHING ELSE. The mother needs HER WORD ONLY, nothing more and the court will order the DNA test. You said if YOU HAD VIDEO PROVING YOU DID NOT EJACULATE and if you had that then the judge would not order the DNA test.
Customer: replied 1 year ago.

Yeah, but the mother could be lying, wouldn't she have to prove her statement to the judge that she had sex with the alleged father?


Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
NO, the mother does not by law have to do anything but submit the affidavit and the court orders the DNA test to prove or disprove her statement. That is how her statement is verified.
Customer: replied 1 year ago.

But you as an alleged father could argue that right in front of judge to ask the mother to show the judge proof that we had sex before ordering a court order paternity test, because she could call in half the town to do a court order paternity test and I know the judge wouldn't allow that because it would be an expense for the court. So is that right you can tell the judge for the mother to show proof that we had sex together, right. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
NO, as the father you can present your own proof to contradict her statements, but as far as the court is concerned if she says in her sworn affidavit you had sex and you are the father, if you do not present any proof to contradict that statement, the court will simply order the DNA test because that is the conclusive proof of what she is saying being true or not true.

The DNA test is how the court proves what she is saying is true or not.
Customer: replied 1 year ago.

Sorry Paul, this should be my last question: Well you could also sworn in your statement to the judge by saying I did not have sex with this women before the judge orders a court order paternity test, under New Jersey laws, right. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
If you say in a sworn affidavit you did not have sex with her and she says you did, the judge will have to say YES to a DNA test.
Customer: replied 1 year ago.

Isn't what I say as a sworn statement that I did not have sex with her because there is no videotape of us together wouldn't that be enough proof for the judge not to order a court order paternity test? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
NO, it is not enough, just like her affidavit is not enough to prove you are the father. The DNA test is the tool used to prove you are or are not the father.
Customer: replied 1 year ago.

So it will be up to the judge to decide to order a court paternity test or not, after I make my side of sworn statement which is: I did not have sex with her also there is no videotape of us together having sex. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
YES, it is up to the judge to decide to order the DNA test or not based on her affidavit and your affidavit.
Customer: replied 1 year ago.

Sorry this is now my final question: I do have a good sworn statement to say to the judge right, that is actually true, the sworn statement is: I did not have sex with her also there is no videotape of us together having sex, and the judge would believe me right because that is the proof, Honest to God.

Expert:  Law Educator, Esq. replied 1 year ago.
NO, the judge would not believe you just like he will not necessarily believe her. When the judge cannot tell who to believe they order the DNA test which will prove who is telling the truth.
Customer: replied 1 year ago.

Sorry Paul this is my 100% final question: If I hire a good lawyer, maybe even you, then you could respond back by telling the judge: the sworn statement from me is: I did not have sex with her also there is no videotape of us together having sex. I could make my case in front of a judge and working with a lawyer to win that situation, right. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
The state laws and site rules forbid us from representing anyone from this site, so I apologize but I could not represent you in this matter. So, NO I could not represent you.

YES you can get an attorney to represent you, and it is highly suggested for you to do, and the attorney can argue this on your behalf.
Customer: replied 1 year ago.

Sorry Paul, this is the FINAL question: So if I get a good lawyer they could help me win my case, that I just mentioned in my previous message?

Expert:  Law Educator, Esq. replied 1 year ago.
YES, if you hire an attorney they can help you win your case.
Customer: replied 1 year ago.

Thank you for your help Paul, I'm going to rate your service as excellence after you respond to this, I wanted to thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much. I am glad you will do so.
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Customer: replied 1 year ago.

Good Morning Paul sorry I have a few more questions: The judge would have to see direct videotaping to see there was holes outside the condom in order for the judge to order a court order paternity test, right, because the judge knows the condoms doesn't come with holes? Can you answer my question with a “yes” or “no”. Thank you.


 

Expert:  Law Educator, Esq. replied 1 year ago.
Yes. I think you know that the chances of you showing him a video of the leaky condom and you having sex with this woman are pretty slim. Also, the leaky condom will not absolve you of paternity responsibility and it will still be cause for the judge to order the DNA test to prove paternity.

The DNA test is actually more to prove you are not the father than you are the father.
Customer: replied 1 year ago.

Hey Paul, here is my question: In my situation, I'm filing for divorce here in the U.S. and my marriage certificate is from India. Can I still date someone from India and have a sexual personal relationship? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
YES, there are no laws in the US that prevent you from having a sexual relationship with someone and date someone in India.

Customer: replied 1 year ago.

Sorry Paul, I just want to make sure with you again: I'm currently filing for divorce right now and I'm a U.S. citizen and my marriage certificate is from India. Can I still have a sexual relationship with someone there in India.


Can you answer my question with a “yes” or “no”. Thank you.


 

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, you can still have a sexual relationship with a woman in India AS LONG AS SHE IS NOT MARRIED. If she is married you CANNOT have a sexual relationship with her.

Indian Penal Code, section 497, states: "Adultery is when a man has sexual intercourse with a married woman without her husband’s consent and such that it doesn’t amount to rape."
Customer: replied 1 year ago.

Sorry Paul, So I'm currently still married right now and I'm a U.S. citizen and my marriage certificate is from India. Can I still have a sexual relationship with someone there in India. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, you can if the person in India you are having sex with is not married. It does not matter if the man is married only the woman.
Customer: replied 1 year ago.

So in India if a man is married he could have sex with anyone but if its a women that is married she could only have sex with her husband there in India. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
YES, that is correct.
Customer: replied 1 year ago.

I'm Sorry Paul, So, if a man is still married he could have sex with any women there in India except a women that is married in India, right. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
You have asked this now 3 times in a row and I answered you 3 times.

YES.
Customer: replied 1 year ago.

I'm really sorry Paul this I just want to make sure with you again: So, if a man that is a U.S. citizen and his marriage certificate is from India and is still married can he have a sexual personal relationship with any women there in India, except with a women that is married? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
This is time number 4.

YES, he can.
Customer: replied 1 year ago.

Is there a new law in India, if your marriage certificate is from India and your a U.S. citizen and your still married and waiting for your divorce decree here in the U.S., can you still get remarried with someone there in India?

Expert:  Law Educator, Esq. replied 1 year ago.
NO. you cannot get married until the divorce is completed.
Customer: replied 1 year ago.

Sorry Paul going back to yesterday topic: If the mother files an Affidavit in Support of Establishing Paternity Form states she had sex with the alleged father and if the alleged father and mother says there is no videotape proof of us having sex together then the judge knows the alleged father is telling the truth and the mother is lying so the judge would not order a court order paternity test under New Jersey laws, right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
NO. The judge WOULD ORDER a DNA test.


Please you are being overly redundant and this cannot go on as it is costing everyone on this site money taking time to answer now up to 100+ replies and the only thing attorneys have to make money with is our time.
Customer: replied 1 year ago.

Sorry Paul this is the final question, but if you hire a good lawyer like you said yesterday you can make your case saying the alleged father and mother has no videotape, so a judge would not order a court order paternity test under New Jersey laws?

Expert:  Law Educator, Esq. replied 1 year ago.
You know you can scroll up and look at the previous answer to the same exact question you are asking again? The answer to this appears above and you can read it as much as you want as it is not going to change even now when I say:

NO, the court will still order a DNA test because it is not normal that people videotape themselves having sex and to say there is no videotape of you having sex and that is proof you are not the father will get the NJ court to put you in jail for contempt of court.

What the attorney will do for you is protect your rights and minimize any child support if the DNA test comes back showing you are the father.
Customer: replied 1 year ago.

But you can try hiring a good lawyer, right, as an alleged father you can try winning the case by telling the lawyer there was no videotape of the alleged father and mother having sex together, and the court would not order a court order paternity test, right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
You can hire a good lawyer, YES, and he will try to win the case. See thread above, as this was answered.
Customer: replied 1 year ago.

Sorry I'm just trying to understand Paul, if a mother doesn't have any videotape or any other proof that she had sex with the alleged father and if her statement is good enough that she had sex with the alleged father, can't semen be inside a bathroom or any public area store or store handles or store merchandise after an alleged father had sex with someone else or after he was masturbating inside a bathroom or his house.


 


And would a judge still order a court order paternity test after the alleged father tells this to the judge in his sworn statement along with a good lawyer because the judge knows this could happen any where and its the alleged father fault that slightest amount of semen was left after washing his hands or not washing his hands? Can you answer my question with a “yes” or “no”. Thank you.


 

Expert:  Law Educator, Esq. replied 1 year ago.
No, I am afraid that the argument of semen in the bathroom or after the father masturbated would be not scientifically accepted by the court.

Yes the judge would still order the paternity test.

This is not hard for anyone to understand. If she says you are the father and you had sex together, even if you deny having sex, YES the court will order the DNA test.
Customer: replied 1 year ago.

As I said I can try with a good lawyer to make my case and disapprove her statement that she had sex with the me(alleged father) regarding what I just said in my previous message, right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, you can go with a lawyer to fight her allegations and disprove her claims.
Customer: replied 1 year ago.

Sorry Paul this should be the final question, In some instances a judge would believe the alleged father and the good lawyer right what I mentioned in my second to last message that semen could be in any public facility by mistake, and all people including the judge would know that right, so base on that the judge would not order a court order paternity test under New Jersey laws, right. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
In some rare instances YES, if the alleged father presents scientific evidence (they are sterile) or proof they were never even in the state anywhere around the time of conception, but as I said, the purpose of the DNA is to prove someone is NOT the father just as much as it is to prove they are the father. Thus, the DNA test protects both you and the child/mother all at the same time.

NO absolutely NOT, people do not get pregnant from sitting on toilet seats in public places or by trying on bathing suits or underwear, that is scientifically proven to be impossible I am afraid.
Customer: replied 1 year ago.

As I said earlier I can try with a good lawyer and make my case by telling the judge tell the mother to show videotape or any other proof that alleged father and the mother had sex together, so the judge would not order a court order paternity test, right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
YES the attorney can present credible evidence to the court to fight your case.
Customer: replied 1 year ago.

Good Morning Paul. You do get a chance to say your sworn statement of proof as an alleged father before a judge would order a court order paternity test under New Jersey laws, right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Please let me tell you up front, we cannot keep doing this all day today, as I said the only thing attorneys have to support themselves with is their time and going back and forth answering the same identical questions all day long is costing us significant money. Thank you so much for understanding that.

YES, you get a chance to object and give your own sworn statement before the court orders a DNA test.
Customer: replied 1 year ago.

Sorry Paul, Like in E.M. vs. S.L. (2011) would a witness who witnessed the mother and the alleged father personal relationship be a requirement (as it list it on the Affidavit in Support of Establishing Paternity Form) for ordering a court order paternity test or documentary submissions be a requirement where no witnesses or documentary submissions was submitted in E.M. vs. S.L. (2011), also would it not be a violation under the Fourth Amendment of the U.S. Constitution to avoid a court order paternity test to avoid being the father of the child like it did in E.M. vs. S.L. (2011) under New Jersey laws? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
NO a witness is NOT a requirement, sufficient description of facts and circumstances around the event of the pregnancy is.

The Affidavit must contain sufficient information to describe details of the relationship and the circumstances leading to the conception. It needs no witness, but more than just conclusory allegations.
Customer: replied 1 year ago.

Like in E.M. vs. S.L. (2011) you would at least need documentary submissions as sufficient information, in order for a court to order a court order paternity test under New Jersey laws, right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
No, the supporting evidence can be more than just documentary, they can be witnesses or even a sufficient detailed description of the relationship by the mother in her affidavit and of how and where conception took place could be enough. How much is needed and what is needed is at the discretion of the court, even in EM v. SL (NJ 2011).
Customer: replied 1 year ago.

So in supporting evidence you have to show proof that sex took place, before a court would order a court order paternity test under New Jersey laws, right?

Expert:  Law Educator, Esq. replied 1 year ago.
Perhaps it is a language use or understanding issue, but the words you are using are NOT correct, but you are at least close.

YES, the mother has to state specific facts and circumstances surrounding the sexual relationship to provide enough information to the court to order the test.

NO they do not have to have videotapes of you having sex or a witness who was in the room while you were having sex or a signed letter from you telling her you enjoyed having sex with her.

The determination is a discretionary call by the court based on the details of the information the mother provides weighed against your reason and arguments and information as to how you could not be the father.
Customer: replied 1 year ago.

Yeah but the specific facts have to be proven by one documentary submissions of having sex together or a witness who heard the alleged father and mother saying they enjoyed the sex, before a judge would order a court order paternity test under New Jersey laws, right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
YES, there has to be some corroboration of having sex if the father denies he ever had sex with the mother.
Customer: replied 1 year ago.

If your still married and your a U.S. citizen and your marriage certificate is from India, can you have a engagement with another women there in India that's not married and bring your finance over to the U.S. using a finance visa? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
NO, you have to be divorced from the wife first.

This is now completely new question topic which is supposed to be asked or paid for separately.
Customer: replied 1 year ago.

Sorry Paul, I just want to confirm with you because another lawyer said the answer to my following question would be a "yes" so is the question to my following question a "yes" here is the question: If an alleged father has a long term mental illness, which he went to a psychiatric hospital that was treated with medicine and still currently taking medicine at home for the long term mental illness that is not under control which he’s unable to work and can’t work because the long term mental illness is preventing him from working, will it be termination of parental rights (T.P.R.) which will also stop his rights and responsibilities for his child because it would be involuntary termination of parental rights under New Jersey laws, right. Can you answer my question with a “yes” or “no”. Thank you.


 

Expert:  Law Educator, Esq. replied 1 year ago.
NO and I disagree with anyone who told you "yes" and this is why. The court will not automatically terminate rights of someone who is mentally ill because it would be discriminatory under the Americans with Disabilities Act.
Customer: replied 1 year ago.

Can a prostitute file an Affidavit in Support of Establishing Paternity Form because she's been with many men or because she got paid by the alleged father already for the sex, to order a court order paternity test under New Jersey laws? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
This was already answered.

Yes, she could file the affidavit, but I don't know how she would narrow it down to one person being the father under NJ laws. Thus, without more evidence supporting her affidavit as to the individual having sex with her and how she can narrow it down to that person as the father, the NJ court would not likely approve it if you prove she is a prostitute.
Customer: replied 1 year ago.

So if you can prove that the prostitute was using backpage.com or any other escort website the judge would not order a court order paternity test under New Jersey laws because the judge knows she's been with many men? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, if you can prove she has been with many men around the same time, then she cannot give enough details as to how she believes it is one individual that is the father. This is what the attorney will do.
Customer: replied 1 year ago.

The judge would already know that the prostitute been with many man without the alleged father proving that he was not her only customer, so the judge would not order a court order paternity test under New Jersey laws right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
No, the judge does not know anything that they are not given proof of.

You cannot rely on the judge to "know" anything, you have to provide proof to the judge.

Upon proof, then the judge would NOT order the test.
Customer: replied 1 year ago.

Sorry Paul, So like you said if you tell the judge the prostitute was using backpage.com or any escort website the judge would not a court order paternity test under New Jersey laws because the judge knows she's been with many man already from these escort websites, right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
If you show the woman is a prostitute and had many dates around the same time NO the court would not likely order the test.
Customer: replied 1 year ago.

So the judge would not order a court order paternity test if you tell the judge with a good lawyer the prostitute has been with many men using these escort service websites, the judge would not order a court order paternity test under New Jersey laws, right. Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
YES, that is correct
Customer: replied 1 year ago.

Sorry Paul this should be the last question, also would the judge not order a court order paternity test under New Jersey laws because the judge knows that prostitute mother was paid for the illegal act by the alleged father using the escort service website? Can you answer my question with a “yes” or “no”. Thank you.


 

Expert:  Law Educator, Esq. replied 1 year ago.
No, paying for an illegal act is not the criteria for refusing to order the test. Proving she had numerous partners would be a ground for NOT ordering the test.
Customer: replied 1 year ago.

Good Morning Paul, So if you show the judge that the prostitute mother listed her listing on backpage.com or any escort service websites that would be proof for the judge not to order a court order paternity test under New Jersey laws, right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Sir, I have tried to be nice and polite with you and you have refused to understand, but I will not continue this madness answering the same questions from morning to night every single day.

The above question has been asked and answered several times, please go read the answers above if you want your answer to this question as I will no longer answer repetitive questions for you.
Customer: replied 1 year ago.

Sorry Paul, this is the last question, I'm just trying to understand before I rate you. So if you show the judge that the prostitute mother listed her listing on backpage.com or any escort service websites that would be proof for the judge not to order a court order paternity test under New Jersey laws, right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Sir, you keep saying, "sorry this is the last question" but it is never the last question. Again, we have OVER 120 responses to you and you go on all day long and that costs us significant money for which you have not compensated us, I have spent hours with you, which while on this site we provide a very reduced rate service to people who need help in my office people pay $350 per hour for my time.

YES, if you show she is a prostitute AND she had numerous clients around the same time as you THE COURT WILL NOT order the test.
Customer: replied 1 year ago.

Thanks for your help Paul. I will mark you as excellence can you reply back to my message, then I go and do so?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very, very much for your compliment. I would appreciate you doing so greatly.
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Customer: replied 1 year ago.

Sorry Paul ask you again but I want to know with a "YES" or "NO" so I fully understand. So that would be the proof if you show the judge that the prostitute mother listed her listing on backpage.com or any escort service websites that would be proof for the judge not to order a court order paternity test under New Jersey laws, right? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
YES, it would be good proof.
Customer: replied 1 year ago.

Hey Paul, if the alleged father has the prostitute mother internet web address history posting information when the posting was posted for that day on backpage.com, but doesn’t have the actual posting webpage backpage.com would that be enough proof because you still have internet web address history posting information so the judge would not order a court order paternity test under New Jersey laws? Can you answer my question with a “yes” or “no”. Thank you.


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, you can always get the internet information with a subpoena and a good attorney working fo you.
Customer: replied 1 year ago.

Sorrry Paul, I want to make sure with you again, So if the alleged father has the prostitute mother internet web address history posting along with the posting i.d.# XXXXX the webpage information when the posting was posted for that day on backpage.com, but doesn’t have the actual visual posting webpage backpage.com, would that be enough proof because you still have internet web address history posting along with the posting i.d.# XXXXX the webpage information, so the judge would not order a court order paternity test under New Jersey laws? Can you answer my question with a “yes” or “no”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Generally, Yes. However a good attorney will subpoena the actual website information.
Customer: replied 1 year ago.

Sorry Paul I don't understand here is the question again: So if the alleged father has the prostitute mother internet web address history posting along with the posting i.d.# XXXXX the actual webpage information when the posting was posted for that day on backpage.com, but doesn’t have the actual visual posting webpage backpage.com, would that be enough proof because you still have internet web address history posting along with the posting i.d.# XXXXX the actual webpage information, so the judge would not order a court order paternity test under New Jersey laws? Can you answer my question with a “YES” or “NO”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
NO that alone is NOT ENOUGH. YOU NEED TO PROVE WHERE IT CAME FROM and that is why the attorney would subpoena the information needed to prove where it came from.
Customer: replied 1 year ago.

If an attorney subpoena the prostitute mother internet webpage i.d.# posting web address then there would be enough proof for the judge not to order a court order paternity test under New Jersey law, right? Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
YES.
Customer: replied 1 year ago.

Hey Paul, whats a subpoena in regards XXXXX XXXXX previous message?

Expert:  Law Educator, Esq. replied 1 year ago.
A subpoena is an order issued from a court to produce information to your attorney.
Customer: replied 1 year ago.

Sorry Paul, I just want to make sure again: If an alleged father attorney subpoena the prostitute mother internet webpage i.d.# XXXXX web address then there would be enough proof for the judge not to order a court order paternity test under New Jersey law, right? Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
Yes. YES.
Customer: replied 1 year ago.

Can you tell me how the subpoena would happen in regards XXXXX XXXXX previous message? Thanks

Expert:  Law Educator, Esq. replied 1 year ago.
Your attorney fills out a form called "subpoena duces tecum" which is a subpoena for records and it is signed by the attorney as officer of the court and served upon the internet company who has to then send the information to your attorney.
Customer: replied 1 year ago.

So, If the alleged father don't have access to mother prostitute actual visual posting webpage from the mother prostitute internet web i.d.# XXXXX web address, then the alleged father lawyer will subpoena for the situation, which the judge will not order a court order paternity test under New Jersey laws? Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
YES
Customer: replied 1 year ago.

If a man is still married and a U.S. citizen and his marriage certificate is from India can't he have an engagement there in India and get a finance visa for himself and his finance to come over to the U.S. because engagement has nothing to do if your married man, isn't engagement and marriage linked separately? Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
NO, you must be divorced first to apply for the visa.
Customer: replied 1 year ago.

Good Morning Paul sorry I just want to make sure with you again: So, If the alleged father don't have access to mother prostitute actual visual posting webpage because it says ad has been removed using the mother prostitute internet web i.d.# XXXXX web address, then the alleged father lawyer will subpoena for the situation, which the judge will not order a court order paternity test under New Jersey laws? Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
This has been answered above, please use the scroll feature on your computer and read the other 150 answers you have been provided as this is really wasting your time and our time and money.

YES is your answer.
Customer: replied 1 year ago.

Hey Paul, If an alleged father neglects his child by not supporting his child mentally, would neglect be termination of parental rights that stops rights and responsibilities under New Jersey laws?

Expert:  Law Educator, Esq. replied 1 year ago.
Hey Victor, this is a BRAND NEW QUESTION. Happy 4th of July to you, please be aware I will only be on and off sporadically because of the holiday.

NO, neglect and failure to support the child mentally is grounds for termination of parental rights, but it does NOT terminate the father's obligation to PAY CHILD SUPPORT under NJ laws.
Customer: replied 1 year ago.

Hi Paul, Happy 4th of July to you: If the alleged father is mentally disable during the time he had sex with the mother, can't he say he was mentally disable and he made a mental mistake due to his mental disability to have sex with the mother which he has the mental hospital records for having a mental disability and show the judge as proof, which the judge would not order a court order paternity test under New Jersey laws? Can you answer my question with a “YES” or “NO”.


 

Expert:  Law Educator, Esq. replied 1 year ago.
NO, I am afraid one cannot hide behind mental incompetence to avoid child support liability in NJ.
Customer: replied 1 year ago.

I'm really sorry Paul to ask you again, this is the last time I ask you this question: So, If the alleged father don't have access to mother prostitute actual visual posting webpage because it says the ad has been removed using the mother prostitute internet web i.d.# XXXXX web address, then the alleged father lawyer will subpoena for the mother prostitute internet web i.d.# XXXXX web address, which the judge will not order a court order paternity test under New Jersey laws? Can you answer my question with a “YES” or “NO”.


 

Expert:  Law Educator, Esq. replied 1 year ago.
It will certainly not be the last time you ask, as you have said that before and have asked this same exact question 8 times and the answer appears above and there is no need for me to keep wasting my time costing me money to have to keep going through this.

YES is your answer.
Customer: replied 1 year ago.

Hey Paul, Do you know any involuntary termination of parental rights that would stop your rights and responsibilities under New Jersey laws?

Expert:  Law Educator, Esq. replied 1 year ago.
Again, this was answered by not only me, but 2 other experts above.

Involuntary termination of parental rights in NJ under the NJ law does NOT automatically terminate the duty you have under NJ law to pay support for the child you created by having sex with the woman.
Customer: replied 1 year ago.

Good Morning Paul: So, If the alleged father have only the escort service website address of the mother prostitute webpage posting, then the alleged father lawyer will subpoena the escort service website address, which the judge will not order a court order paternity test under New Jersey laws? Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
YES.
Customer: replied 1 year ago.

Good Morning Paul: So, the judge knows the mother prostitute had been with many men based on the mother prostitute webpage posting on the escort service website which the judge would not order a court order paternity test under New Jersey laws, right? Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
Again, already answered numerous times above.

YES, they would NOT order a test UPON YOU PROVIDING EVIDENCE OF THIS.
Customer: replied 1 year ago.

Would a judge not order a court order paternity test under New Jersey laws based on the mother prostitute webpage posting on the escort service website because it was an illegal webpage posting on the escort service website? Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
NO, that is not the reason. The reason would be that you proved she slept indiscriminately with other men at the same time because she was a prostitute.
Customer: replied 1 year ago.

Hey Paul, is a female escort and a GFE women a prostitute that have their webpage posting that's listed on backpage.com. Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, most all of them are.
Customer: replied 1 year ago.

Good Morning Paul, So a judge knows a female escort and a GFE women are prostitutes because they could offer sexual services for money to their customers if they want without anyone knowing about it, right? Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
YES if you provide the evidence as a judge knows nothing you do not provide them evidence of.
Customer: replied 1 year ago.

Sorry Paul, I trying to understand your answer, here is the question again: So a judge knows a female escort and a GFE women are prostitutes because they could offer sexual services for money to their customers if they want without anyone knowing about it, right? Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.

If you want the court to FIND something, YOU bear the burden of PROVING IT TO THE COURT. That is a pretty simple concept and not much to "understand." The only way a judge KNOWS anything is IF YOU PRESENT EVIDENCE TO HIM PROVING IT and if you do that the answer is YES and if you fail to present proof, the answer is NO.
Customer: replied 1 year ago.

Sorry Paul: So a judge knows a female escort and a GFE women are prostitutes because they could offer sexual services for money to their customers if they want without anyone knowing about it on the escort service website, right? Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
Since you refuse to understand the burden you bear here, just on what you said above your answer is NO.....NO....NO....
Customer: replied 1 year ago.

So a judge knows through an alleged father lawyer subpoena under New Jersey laws a female escort and a GFE women are prostitutes because they could offer sexual services for money to their customers if they want from their webpage posting on the escort service website, right? Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
YES.
Customer: replied 1 year ago.

Thanks for your help Paul. Can you reply back so I could rate you excellence.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you.
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Customer: replied 1 year ago.

Hi Paul, if a mother prostitute had sex with one male customer and not have sex with numerous partners for one week and she has the hotel video surveillance proof that she had one male customer enter her hotel room for one week even with the mother prostitute webpage posting on the escort website subpoena through the alleged father lawyer, would the judge order a court order paternity test under New Jersey laws? Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

NO.
Customer: replied 1 year ago.

Hey Paul, just to better understand can you tell me why the answer would be "NO" to my previous question.

Expert:  Law Educator, Esq. replied 1 year ago.
Because if you show video of other men going into her room during the time she claims you got her pregnant, then this shows it is likely you are not the father so the judge would NOT order a DNA test in that case.
Customer: replied 1 year ago.

Sorry Paul can you read through my question again and answer my question based on what you just told me: If a mother prostitute had sex with one male customer and not have sex with numerous partners for one week and she has the hotel video surveillance proof that she had one male customer enter her hotel room for one week even with the mother prostitute webpage posting on the escort website subpoena through the alleged father lawyer, would the judge order a court order paternity test under New Jersey laws on that only one male customer alleged father? Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
I did, if you had said if there is surveillance video showing YOU entering her room only for that time, then the answer would be YES, but if someone other than you were entering her room, the answer would be as I said, NO.
Customer: replied 1 year ago.

If a mother prostitute had sex with two male customer and not have sex with numerous partners for one week and she has the hotel video surveillance proof that she had two male customer enter her hotel room for one week even with the mother prostitute webpage posting on the escort website subpoena through the alleged father lawyer, would the judge order a court order paternity test under New Jersey laws? Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
YES if she is accusing only one of the two as a possible father (or if she is accusing both the court can order a test on both), this would generally be enough to order a test on that person.
Customer: replied 1 year ago.

What are the other grounds that a judge would not order a court order paternity test under New Jersey having sex with a prostitute besides what you already told me.

Expert:  Law Educator, Esq. replied 1 year ago.
There can be numerous reasons, as it is discretionary to the court as to what is good cause for ordering or not ordering a paternity test. Everything centers around whether or not the person accused of being the father could "possibly" be the father based on more than just the mere word of the mother. Thus, some supporting evidence needs to be presented by the mother as to how she came to the conclusion that the person or persons named in her petition could be the potential father. This does not mean she has to have video proof of you having sex, it just means she has to have some type of evidence more than her word that would make it reasonable that you or someone else could be the father.
Customer: replied 1 year ago.

Would it be a good reason not to order a court order paternity test under New Jersey laws because the alleged father had sex with a prostitute with the mother prostitute webpage posting on the escort website subpoena by the alleged father lawyer? Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
If sex is proven or admitted to, then YES. As I said above she still has to show how she narrowed it down to you.
Customer: replied 1 year ago.

Sorry Paul, I don't understand. Can you only answer my question with a "YES" or "NO" here is the question again. Would it be a good reason not to order a court order paternity test under New Jersey laws because the alleged father had sex with a prostitute with the mother prostitute webpage posting on the escort website subpoena by the alleged father lawyer?

Expert:  Law Educator, Esq. replied 1 year ago.
NO
Customer: replied 1 year ago.

Didn't you say "YES" if the alleged father proves or admits he had sex with with a prostitute then the judge would not order a court order paternity test under New Jersey laws. Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
NO I CANNOT ANSWER THIS ONE YES OR NO AND YOU KEEP CHANGING THE VARIABLES WHICH CHANGES THE ANSWER!!!!

FIRST OFF:

YES I did say YES with an "IF" clause. then you changed it up again and said you only wanted a yes or no and you did this twice and it changed the answer from Yes to No. There is no YES OR NO answer to some of this, there has to be MORE INCLUDED than just the brief things you keep saying OVER AND OVER AGAIN.
Customer: replied 1 year ago.

Sorry Paul, so if the alleged father proves or admits he had sex with with a prostitute then the judge would not order a court order paternity test under New Jersey laws. Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If the father admits to having sex with the mother prostitute and she says he is the father based on the timing of that sex then NO the judge WOULD order a test (you said based on that the court would not order the test and that is incorrect).
Customer: replied 1 year ago.

Sorry Paul, I don't understand here is the question again. So if the alleged father proves or admits he had sex with with a prostitute then the judge would not order a court order paternity test under New Jersey laws. Can you answer my question with a “YES” or “NO”.

Expert:  Law Educator, Esq. replied 1 year ago.
NO. If the father admits he had sex with this prostitute mother then the court IS going to order the test if she is saying he is the father.
Customer: replied 1 year ago.

Does a judge look at numerous partners 30 days before and 30 days after a child is conceived by a mother prostitute after the alleged father lawyer subpoena the mother prostitute webpage posting on the escort website, so the judge would not order a court order paternity test under New Jersey law against the alleged father? Can you answer my question with a “YES” or “NO”. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
YES they would look at multiple partners during the same time and would not order a paternity test if there were multiple partners all at the same 30 day period.