On October 10, 2012, a decision was made in a case of first impression by the Supreme Court of New Jersey. (A case of first impression is a matter that has not been previously ruled on and there is no case law similar to the case in question.) The New Jersey Supreme Court decided that fathers have the right to seek DNA testing when a child’s paternity is in doubt. This would allow for men to pursue the right to recover money they spent raising children that turn out not to be their biological kin.
This was a case in which Einhorn Harris Matrimonial Attorney and Partner, Thomas J. Snyder spent nearly 5 years battling. He challenged the lower Court’s ruling which had originally denied Mr. Snyder’s client the right to see if the child in question was his and if he could be reimbursed for the years of support in raising a child that he did not believe was his.
The facts of the case supported Mr. Snyder’s client’s assertions that the child was not his, but because the lower courts ruled that it would be in the best interest of the child (who was now over the age of emancipation), they would not allow paternity to be conclusively established by allowing a DNA test.
Information about the case can be found in an article in the Newark Star Ledger 10/11/12.