D.W. v. R.W.
New Jersey Supreme Court
52 A.3d 1043 (2012)
- Written by Mary Katherine Cunningham, JD
Facts
R.W. came to believe that his wife D.W. had an adulterous relationship with D.B. and that M.W., his 19-year-old son, was not his son. When D.W. (defendant) filed a divorce complaint, R.W. (plaintiff) filed a third-party paternity action seeking to have D.B. named as the natural father of M.W. and to have D.B. and D.W. reimburse him for the expenses for M.W.’s upbringing. D.W. and M.W. opposed the application of R.W. for genetic testing to prove parentage. The family court denied R.W.’s application for genetic testing of M.W., finding that R.W. was unable to show genetic testing was in the best interest of M.W. by clear and convincing evidence. R.W. appealed, and the appellate division affirmed, dismissing R.W.’s paternity action. R.W. appealed to the New Jersey Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Albin, J.)
Dissent (Wefing, J.)
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