D.W. v. R.W.
212 N.J. 232
| N.J. | 2012Background
- Richard sues for third-party paternity against Donald to prove Mark’s paternity and seek reimbursement; presumption of paternity applies since Mark was born during marriage to Diane.
- The trial court denied genetic testing based on M.F. v. N.H. factors for child’s best interests; Appellate Division upheld.
- Richard submitted a home DNA test showing non-paternity and pursued testing at plenary hearing.
- Mark, now adult, and Diane opposed testing; Mark stated hesitancy to know his paternity and focus on personal issues.
- The Court held that N.J.S.A. 9:17-48(d) requires genetic testing unless good cause to deny testing is shown, and remanded for order compelling testing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard to compel genetic testing when paternity is in doubt | Richard argues M.F. should not apply; testing should be compelled on likelihood of paternity | Donald/Mark argue M.F. best-interests standard governs in all cases | N.J.S.A. 9:17-48(d) controls; good-cause standard adopted from Uniform Act §608 applies. |
| Whether good cause exists to deny testing in this case | Clear evidence supports testing to overcome presumption | Best interests of Mark justify denying testing | No good cause shown; testing should be ordered. |
| Role of best interests of the child vs statutory test | Best interests should not bar genetic testing where a presumption exists | Best interests govern child-related outcomes | Uniform Act §608 factors balance interests; not solely the child’s best interests. |
| Impact of Mark’s adulthood on right to testing and timeliness | Richard’s claim should not be time-barred by Mark’s adulthood | Statute of repose considerations and privacy concerns apply | Testing ordered; case remanded to proceed under Parentage Act. |
| Legislative intent and statutory evolution guiding good-cause standard | M.F. predated the current statute | M.F. not controlling; statute governs | 9:17-48(d) governs; good-cause standard informed by Uniform Act §608. |
Key Cases Cited
- M.F. v. N.H., 252 N.J. Super. 420 (App.Div. 1991) (established best-interests factors for denying testing in outsider-paternity context)
- Fazilat v. Feldstein, 180 N.J. 74 (2004) (child’s best interests; not sole consideration in parentage)
- R.A.C. v. P.J.S., Jr., 192 N.J. 81 (2007) (statute of repose; tolling considerations for reimbursement actions)
- Cesare v. Cesare, 154 N.J. 394 (1998) (deference to factual findings; consideration of law interpretation)
- In re D.O. v. R.B., 317 N.J. Super. 367 (App.Div. 1998) (best-interests framework in child-related matters)