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New York Paternity Law

Paternity – General – New York

Note:  This summary is not intended to be an all inclusive discussion of the law applicable to an action to establish Paternity in the State of New York, but does include basic and other provisions.

Statutes:

[no last-revised date available, however statutes current through 1/21/2009]

New York Consolidated Laws
Chapter 686 Family Law
Article 5

PART 1
JURISDICTION AND DUTIES TO SUPPORT

Sections:

511.   Jurisdiction.
512.   Definitions.
513.   Obligation of parents.
514.   Liability of father to mother.
515.   Governmental obligation to child.
516.   Agreement or compromise.
516a. Acknowledgment of paternity.
517.   Time for instituting proceedings.
518.   Effect of death, absence, or mental illness of mother.
519.   Effect of death, absence or mental illness of putative father.

S 511. Jurisdiction.
Except as otherwise provided, the family court has exclusive original jurisdiction in proceedings to establish paternity and, in any such proceedings in which it makes a finding of paternity, to order support and to make orders of custody or of visitation, as set forth in this article. On its own motion, the court may at any time in the proceedings also direct the filing of a neglect petition in accord with the provisions of article ten of this act. In accordance with the provisions of section one hundred eleven-b of the domestic relations law, the surrogate`s court has original jurisdiction concurrent with the family court to determine the issues relating to the establishment of paternity.

S 512. Definitions.
When used in this article,

(a) The phrase “child born out of wedlock” refers to a child who is begotten and born out of lawful matrimony.

(b) The word “child” refers to a child born out of wedlock.

(c) The word “mother” refers to the mother of a child born out of wedlock.

(d) The word “father” refers to the father of a child born out-of-wedlock.

S 513. Obligation of parents.
Subject to the provisions of paragraph (f) of subdivision six of section three hundred ninety-eight of the social services law, each parent of a child born out of wedlock is chargeable with the support of such child including the child`s funeral expenses and, if possessed of sufficient means or able to earn such means, shall be required to pay child support. A court shall make an award for child support pursuant to subdivision one of section four hundred thirteen of this act.

S 514. Liability of father to mother.
The father is liable to pay the reasonable expenses of the mother`s confinement and recovery and such reasonable expenses in connection with her pregnancy as the court in its discretion may deem proper; provided, however, where the mother`s confinement, recovery and expenses in connection with her pregnancy were paid under the medical assistance program on the mother`s behalf, the father may be liable to the social services district furnishing such medical assistance and to the state department of social services for the full amount of medical assistance so expended, as the court in its discretion may deem proper.

S 515. Governmental obligation to child.
In case of the neglect or inability of the parents to provide for the support and education of the child, it shall be supported by the county, city or town chargeable therewith under the provisions of the social welfare law.

S 516. Agreement or compromise.

(a) An agreement or compromise made by the mother or by some authorized person on behalf of either the mother or child concerning the support of either is binding upon the mother and child only when the court determines that adequate provision has been made and is fully secured and approves said agreement or compromise.

(b) No agreement or compromise under this section shall be approved until notice and opportunity to be heard are given to the public welfare official of the county, city or town where the mother resides or the child is found.

(c) The complete performance of the agreement or compromise, when so approved, bars other remedies of the mother or child for the support and education of the child.

S 516-a. Acknowledgment of paternity.

(a) An acknowledgment of paternity executed pursuant to section one hundred eleven-k of the social services law or section four thousand one hundred thirty-five-b of the public health law shall establish the paternity of and liability for the support of a child pursuant to this act.  Such acknowledgment must be reduced to writing and filed pursuant to section four thousand one hundred thirty-five-b of the public health law with the registrar of the district in which the birth occurred and in which the birth certificate has been filed.  No further judicial or administrative proceedings are required to ratify an unchallenged acknowledgment of paternity.

(b) i) An acknowledgment of paternity executed pursuant to section one hundred eleven-k of the social services law or section four thousand one hundred thirty-five-b of the public health law may be rescinded by either signator’s filing of a petition with the court to vacate the acknowledgment within the earlier of sixty days of the date of signing the acknowledgment or the date of an administrative or a judicial proceeding (including a proceeding to establish a support order) relating to the child in which either signator is a party. If, at any time before or after a petition is filed, a signator dies or becomes mentally ill or cannot be found within the state, neither the proceeding nor the right to commence the proceeding shall abate but may be commenced or continued by any of the persons authorized by this article to commence a paternity proceeding. For purposes of this section, the “date of an administrative or a judicial proceeding” shall be the date by which the respondent is required to answer the petition. The court shall order genetic marker tests or DNA tests for the determination of the child’s paternity. No such test shall be ordered, however, upon a written finding by the court that it is not in the best interests of the child on the basis of res judicata, equitable estoppel, or the presumption of legitimacy of a child born to a married woman. If the court determines, following the test, that the person who signed the acknowledgment is the father of the child, the court shall make a finding of paternity and enter an order of filiation. If the court determines that the person who signed the acknowledgment is not the father of the child, the acknowledgment shall be vacated.
(ii) After the expiration of sixty days of the execution of the acknowledgment, either signator may challenge the acknowledgment of paternity in court by alleging and proving fraud, duress, or material mistake of fact. If, at any time before or after a petition is filed, a signator dies or becomes mentally ill or cannot be found within the state, neither the proceeding nor the right to commence the proceeding shall abate but may be commenced or continued by any of the persons authorized by this article to commence a paternity proceeding. If the petitioner proves to the court that the acknowledgment of paternity was signed under fraud, duress, or due to a material mistake of fact, the court shall order genetic marker tests or DNA tests for the determination of the child’s paternity. No such test shall be ordered, however, upon a written finding by the court that it is not in the best interests of the child on the basis of res judicata, equitable estoppel, or the presumption of legitimacy of a child born to a married woman. If the court determines, following the test, that the person who signed the acknowledgment is the father of the child, the court shall make a finding of paternity and enter an order of filiation. If the court determines that the person who signed the acknowledgment is not the father of the child, the acknowledgment shall be vacated.

(c) Neither signator’s legal obligations, including the obligation for child support arising from the acknowledgment, may be suspended during the challenge to the acknowledgment except for good cause as the court may find. If the court vacates the acknowledgment of paternity, the court shall immediately provide a copy of the order to the registrar of the district in which the child’s birth certificate is filed and also to the putative father registry operated by the department of social services pursuant to section three hundred seventy-two-c of the social services law. In addition, if the mother of the child who is the subject of the acknowledgment is in receipt of child support services pursuant to title six-A of article three of the social services law, the court shall immediately provide a copy of the order to the child support enforcement unit of the social services district that provides the mother with such services.

(d)A determination of paternity made by any other state, whether established through an administrative or judicial process or through an acknowledgment of paternity signed in accordance with that state’s laws must be accorded full faith and credit, if and only if such acknowledgment meets the requirements set forth in section 652(a)(7) of title IV-D of the social security act.

S 517. Time for instituting proceedings.
Proceedings to establish the paternity of a child may be instituted during the pregnancy of the mother or after the birth of the child, but shall not be brought after the child reaches the age of twenty-one years, unless paternity has been acknowledged by the father in writing or by furnishing support.

S 518. Effect of death, absence, or mental illness of mother.
If, at any time before or after a petition is filed, the mother dies or becomes mentally ill or cannot be found within the state, neither the proceeding nor the right to commence the proceeding shall abate but may be commenced or continued by any of the persons authorized by this article to commence a paternity proceeding.

S 519. Effect of death, absence or mental illness of putative father.
If, at any time before or after a petition if filed, the putative father dies, or becomes mentally ill or cannot be found within the state, neither the proceeding nor the right to commence the proceeding shall necessarily abate but may be commenced or continued by any of the persons authorized by this article to commence a paternity proceeding where:

(a) the putative father was the petitioner in the paternity proceeding; or,

(b) the putative father acknowledged paternity of the child in open court; or,

(c) a genetic marker or DNA test had been administered to the putative father prior to his death; or,

(d) the putative father has openly and notoriously acknowledged the child as his own.

PART 2
VENUE AND PRELIMINARY PROCEDURE

Sections:

521. Venue.
522. Persons who may originate proceedings.
523. Petition.
524. Issuance of summons.
525. Service of summons.
526. Issuance of warrant.
527. Preliminary procedure on warrant.
528. Procedure before court.

S 521. Venue.
Proceedings to establish paternity may be originated in the county where the mother or child resides or is found or in the county where the putative father resides or is found. The fact that the child was born outside of the state of New York does not bar a proceeding to establish paternity in the county where the putative father resides or is found or in the county where the mother resides or the child is found.

S 522. Persons who may originate proceedings.
Proceedings to establish the paternity of the child and to compel support under this article may be commenced by the mother, whether a minor or not, by a person alleging to be the father, whether a minor or not, by the child or child`s guardian or other person standing in a parental relation or being the next of kin of the child, or by any authorized representative of an incorporated society doing charitable or philanthropic work, or if the mother or child is or is likely to become a public charge on a county, city or town, by a public welfare official of the county, city or town where the mother resides or the child is found. If a proceeding is originated by a public welfare official and thereafter withdrawn or dismissed without consideration on the merits, such withdrawal or dismissal shall be without prejudice to other persons.

S 523. Petition.
Proceedings are commenced by the filing of a verified petition, alleging that the person named as respondent, or the petitioner if the petitioner is a person alleging to be the child`s father, is the father of the child and petitioning the court to issue a summons or a warrant, requiring the respondent to show cause why the court should not enter a declaration of paternity, an order of support, and such other and further relief as may be appropriate under the circumstances. The petition shall be in writing and verified by the petitioner.  Any such petition for the establishment of paternity or the establishment, modification and/or enforcement of a child support obligation for persons not in receipt of family assistance, which contains a request for child support enforcement services completed in a manner as specified in section one hundred eleven-g of the social services law, shall constitute an application for such services.

S 524. Issuance of summons.

(a) On receiving a petition sufficient in law commencing a paternity proceeding, the court shall cause a summons to be issued, requiring the respondent to show cause why the declaration of paternity, order of filiation, order of support and other and further relief prayed for by the petition should not be made.

(b) The summons shall contain or have attached thereto a notice stating:

(i) that the respondent`s failure to appear shall result in the default entry of an order of filiation by the court upon proof of respondent`s actual notice of the commencement of the proceeding; and

(ii) that a respondent`s failure to appear may result in the suspension of his or her driving privileges; state professional, occupational and business licenses; and sporting licenses and permits.

S 525. Service of summons.

(a) Personal service of summons and petition shall be made by delivery of a true copy thereof to the person to be summoned at least eight days before the time stated therein for appearance; or by delivery of a true copy thereof to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by mailing a true copy thereof to the person to be served at his last known residence at least eight days before the time stated in the summons for appearance; proof of service shall identify such person of suitable age and discretion and state the date, time and place of service. If so requested by one acting on behalf of the respondent or by a parent or other person legally responsible for his care, the court shall not proceed with the hearing or proceeding earlier than eight days after such service.

(b) If after reasonable effort, personal service is not made, the court may at any stage in the proceedings make an order providing for substituted service in the manner provided for substituted service in the civil practice law and rules.

(c) In any case, whether or not service is attempted under subdivision (a) or (b) of this section, service of a summons and petition under this section may be effected by mail alone to the last known address of the person to be served. Service by mail alone shall be made at least eight days before the time stated in the summons for appearance. If service is by mail alone, the court will enter an order of filiation by default if there is proof satisfactory to the court that the respondent had actual notice of the commencement of the proceeding, which may be established upon sufficient proof that the summons and petition were in fact mailed by certified mail and signed for at the respondent`s correct street address or signed for at the post office. If service by certified mail at the respondent`s correct street address cannot be accomplished, service pursuant to subdivision one, two, three or four of section three hundred eight of the civil practice law and rules shall be deemed good and sufficient service. Upon failure of the respondent to obey a summons served in accordance with the provisions of this section by means other than mail alone, the court will enter an order of filiation by default. The respondent shall have the right to make a motion for relief from such default order within one year from the date such order was entered.

S 526. Issuance of warrant.
The court may issue a warrant, directing that the respondent be arrested and brought before the court, when a petition is presented to the court under section five hundred twenty-three and it appears that

(a) the summons cannot be served; or

(b) the respondent has failed to obey the summons; or

(c) the respondent is likely to leave the jurisdiction; or

(d) a summons, in the court`s opinion, would be ineffectual; or

(e) the safety of the petitioner is endangered; or

(f) a respondent on bail or on parole has failed to appear.

S 527. Preliminary procedure on warrant.

(a) When a respondent is taken into custody pursuant to a warrant issued by a family court in a county in New York city under section five hundred twenty-six, he or she shall be taken before the court issuing the warrant if the respondent is taken into custody in New York city. If the respondent is taken into custody in a county not within New York city, he or she shall be taken before a family court judge in that county.

(b) When a respondent is taken into custody pursuant to a warrant issued by a family court in a county not within the city of New York, he or she shall be taken before the court issuing the warrant if the respondent is taken into custody in the county in which the court sits. If the respondent is taken into custody in a different county, he or she shall be brought before a family court judge in that county.

S 528. Procedure before court.
The court before whom the respondent is taken under section five hundred twenty-seven may require an undertaking to appear or in default thereof may place the respondent in custody.

PART 3
HEARINGS

Sections:

531.  Hearing.
531a. Testimony by telephone, audio-visual means or other electronic means.
532.  Genetic marker and DNA tests; admissibility of records or reports of test results; costs of tests.
533.  Adjournment on application of party.
534.  Adjournment on motion of court.
535.  Counsel for social services commissioner.
536.  Counsel fees.

S 531. Hearing.
The trial shall be by the court without a jury. The mother or the alleged father shall be competent to testify but the respondent shall not be compelled to testify. If the mother is married both she and her husband may testify to nonaccess. If the respondent shall offer testimony of access by others at or about the time charged in the complaint, such testimony shall not be competent or admissible in evidence except when corroborated by other facts and circumstances tending to prove such access. The court may exclude the general public from the room where the proceedings are heard and may admit only persons directly interested in the case, including officers of the court and witnesses.

S 531-a. Testimony by telephone, audio-visual means or other electronic means.

(a) In any proceeding under this article, the court may permit a party or a witness to be deposed or to testify by telephone, audio-visual means, or other electronic means at a designated family court or other location:

(i) where such party or witness resides in a county other than that of the family court where the case is pending and that of any contiguous county; provided, however, that for the purposes of this section, the five counties of New York city shall be treated as one county;

(ii) where such party or witness is presently incarcerated and will be incarcerated on the date on which the hearing or deposition is scheduled and is not expected to be released within a reasonable period of time after the date on which the hearing is scheduled; or

(iii) where the court determines that it would be an undue hardship for such party or witness to testify or to be deposed at the family court where the case is pending.

(b) Any such deposition or testimony taken by telephone, audio-visual means or other electronic means in accordance with subdivision (a) of this section shall be recorded and preserved for transcription. Where a party or witness is deposed or testifies by telephone, audio-visual or other electronic means pursuant to this section, documentary evidence referred to by a party or witness or the court may be transmitted by facsimile, telecopier, or other electronic means and may not be excluded from evidence by reason of an objection based on the means of transmission. The chief administrator of the courts shall promulgate rules to facilitate the taking of testimony by telephone, audio-visual means or other electronic means.

S 532. Genetic marker and DNA tests; admissibility of records or reports of test results; costs of tests.

(a) The court shall advise the parties of their right to one or more genetic marker tests or DNA tests and, on the court`s own motion or the motion of any party, shall order the mother, her child and the alleged father to submit to one or more genetic marker or DNA tests of a type generally acknowledged as reliable by an accreditation body designated by the secretary of the federal department of health and human services and performed by a laboratory approved by such an accreditation body and by the commissioner of health or by a duly qualified physician to aid in the determination of whether the alleged father is or is not the father of the child. No such test shall be ordered, however, upon a written finding by the court that it is not in the best interests of the child on the basis of res judicata, equitable estoppel, or the presumption of legitimacy of a child born to a married woman. The record or report of the results of any such genetic marker or DNA test ordered pursuant to this section or pursuant to section one hundred eleven-k of the social services law shall be received in evidence by the court pursuant to subdivision (e) of rule forty-five hundred eighteen of the civil practice law and rules where no timely objection in writing has been made thereto and that if such timely objections are not made, they shall be deemed waived and shall not be heard by the court. If the record or report of the results of any such genetic marker or DNA test or tests indicate at least a ninety-five percent probability of paternity, the admission of such record or report shall create a rebuttable presumption of paternity, and shall establish, if unrebutted, the paternity of and liability for the support of a child pursuant to this article and article four of this act.

(b) Whenever the court directs a genetic marker or DNA test pursuant to this section, a report made as provided in subdivision (a) of this section may be received in evidence pursuant to rule forty-five hundred eighteen of the civil practice law and rules if offered by any party.

(c) The cost of any test ordered pursuant to subdivision (a) of this section shall be, in the first instance, paid by the moving party. If the moving party is financially unable to pay such cost, the court may direct any qualified public health officer to conduct such test, if practicable; otherwise, the court may direct payment from the funds of the appropriate local social services district. In its order of disposition, however, the court may direct that the cost of any such test be apportioned between the parties according to their respective abilities to pay or be assessed against the party who does not prevail on the issue of paternity, unless such party is financially unable to pay.

S 533. Adjournment on application of party.
The court, on application of either party, may for good cause shown grant such adjournments as may be necessary. If an adjournment is granted upon the request of either party, the court may require the respondent to give an undertaking for appearance.

S 534. Adjournment on motion of court.
On its own motion, the court may adjourn the hearing after it has made a finding of paternity to enable it to make inquiry into the surroundings, conditions and capacities of the child, into the financial abilities and responsibilities of both parents or for other proper cause. If the court so adjourns the hearing, it may require the respondent to give an undertaking to appear.

S 535. Counsel for social services commissioner.

(a) The corporation counsel of the city of New York shall represent the social services commissioner of such city in all proceedings under this article in which the commissioner is the petitioner.

(b) In any county outside the city of New York in which attorneys have been appointed pursuant to section sixty-six of the social services law, such attorneys may represent the social services commissioner of such county in all proceedings under this article in which the commissioner is the petitioner.

(c) Except as provided in subdivision (b) of this section, in any county outside the city of New York, the county attorney, or an attorney designated by the county executive, if there be one, otherwise by the board of supervisors, shall represent the social services commissioner of the county in all proceedings under this article in which the commissioner is the petitioner.

S 536. Counsel fees.
Once an order of filiation is made, the court in its discretion may allow counsel fees to the attorney for the prevailing party, if he or she is unable to pay such counsel fees. Representation by an attorney pursuant to paragraph (b) of subdivision nine of section one hundred eleven-b of the social services law shall not preclude an award of counsel fees to an applicant which would otherwise be allowed under this section.

PART 4
ORDERS

Sections:

541.  Order dismissing petition.
542.  Order of filiation.
543.  Transmission of order of filiation.
544.  Transmission of abrogation of filiation order.
545.  Order of support by parents.
546.  Payment to parent or support collection unit.
547.  Substitution of trustee.
548.  Compliance with orders.
548a. Paternity or child support proceedings; suspension of driving privileges.
548b. Paternity or child support proceedings; suspension of state professional, occupational and business licenses.
548c. Paternity or child support proceedings; suspension of recreational licenses.
549.  Order of visitation.
550.  Temporary order of protection.
551.  Order of protection.

S 541. Order dismissing petition.
If the court finds the male party is not the father of the child, it shall dismiss the petition. If a neglect petition was filed in the paternity proceeding, the court retains jurisdiction over the neglect petition whether or not it dismisses the paternity petition.

S 542. Order of filiation.

(a) If the court finds the male party is the father of the child, it shall make an order of filiation, declaring paternity. Such order shall contain the social security number of the declared father.

(b) If the respondent willfully fails to appear before the court subsequent to the administration and analysis of a genetic marker test or DNA test administered pursuant to sections four hundred eighteen and five hundred thirty-two of this act or section one hundred eleven-k of the social services law, and if such test does not exclude the respondent as being the father of the child or the court determines that there exists clear and convincing evidence of paternity, the court shall enter an order of temporary support notwithstanding that paternity of such child has not been established nor an order of filiation entered against the respondent. The respondent shall be prospectively relieved from liability for support under such order of temporary support upon the respondent`s appearance before the court.

(c) If the respondent willfully fails to comply with an order made by either the court pursuant to sections four hundred eighteen and five hundred thirty-two of this act or by a social services official or designee pursuant to section one hundred eleven-k of the social services law, and willfully fails to appear before the court when otherwise required, the court shall enter an order of temporary support notwithstanding that paternity of the subject child has not been established nor an order of filiation entered against the respondent. The respondent shall be prospectively relieved from liability for support under such order of temporary support upon the respondent`s compliance with such order and subsequent appearance before the court.

S 543. Transmission of order of filiation.
When an order of filiation is made, the clerk of the court shall forthwith transmit to the state commissioner of health on a form prescribed by him a written notification as to such order, together with such other facts as may assist in identifying the birth record of the person whose paternity was in issue. When it appears to the clerk that the person whose paternity was established was born in New York city, he shall forthwith transmit the written notification aforesaid to the commissioner of health of the city of New York instead of to the state commissioner of health.

S 544. Transmission of abrogation of filiation order.
If an order of filiation is abrogated by a later judgment or order of the court that originally made the order or by another court on appeal, that fact shall be immediately communicated in writing by the clerk of the court that originally made the order of filiation to the state commissioner of health on a form prescribed by him. If notice of the order was given to the commissioner of health of New York city, notice of abrogation shall be transmitted to him.

S 545. Order of support by parents.

1. In a proceeding in which the court has made an order of filiation, the court shall direct the parent or parents possessed of sufficient means or able to earn such means to pay weekly or at other fixed periods a fair and reasonable sum according to their respective means as the court may determine and apportion for such child`s support and education, until the child is twenty-one. The order shall be effective as of the earlier of the date of the application for an order of filiation, or, if the children for whom support is sought are in receipt of public assistance, the date for which their eligibility for public assistance was effective. Any retroactive amount of child support shall be support arrears/past-due support and shall be paid in one sum or periodic sums as the court shall direct, taking into account any amount of temporary support which has been paid. In addition, such retroactive child support shall be enforceable in any manner provided by law including, but not limited to, an execution for support enforcement pursuant to subdivision (b) of section fifty-two hundred forty-one of the civil practice law and rules. The court shall direct such parent to make his or her residence known at all times should he or she move from the address last known to the court by reporting such change to the support collection unit designated by the appropriate social services district. The order shall contain the social security numbers of the named parents. The order may also direct each parent to pay an amount as the court may determine and apportion for the support of the child prior to the making of the order of filiation, and may direct each parent to pay an amount as the court may determine and apportion for:

(i) the funeral expenses if the child has died;

(ii) the necessary expenses incurred by or for the mother in connection with her confinement and recovery; and

(iii) such expenses in connection with the pregnancy of the mother as the court may deem proper. In addition, the court shall make provisions for health insurance benefits in accordance with the requirements of section four hundred sixteen of this act.

2. The court, in its discretion, taking into consideration the means of the father and his ability to pay and the needs of the child, may direct the payment of a reasonable sum or periodic sums to the mother as reimbursement for the needs of the child accruing from the date of the birth of the child to the date of the application for an order of filiation.

S 546. Payment to parent or support collection unit.

(a) The court may require the payment to be made to the parent having custody of the child or to the support collection unit as designated by the appropriate social services district.

(b) The support collection unit as designated by the appropriate social services district shall report to the court as the court may direct, the amounts received and paid over.

S 547. Substitution of trustee.
The court, on motion of a party or otherwise, may at any time for good cause shown substitute another trustee for the one designated and acting.

S 548. Compliance with orders.
The provisions of part five and part seven of article four of this act apply when an order is issued under this article.

S 548-a.  Paternity or child support proceedings; suspension of driving privileges.

(a) If the respondent, after receiving appropriate notice, fails to comply with a summons, subpoena or warrant relating to a paternity or child support proceeding, the court may order the department of motor vehicles to suspend the respondent`s driving privileges.

(b) The court may subsequently order the department of motor vehicles to terminate the suspension of the respondent`s driving privileges; however, the court shall order the termination of such suspension when the court is satisfied that the respondent has fully complied with the requirements of all summonses, subpoenas and warrants relating to a paternity or child support proceeding.

S 548-b.  Paternity or child support proceedings; suspension of state professional, occupational and business licenses.

(a)  If the respondent, after receiving appropriate notice, fails to comply with a summons, subpoena or warrant relating to a paternity or child support proceeding, and the court has determined that the respondent is licensed, permitted or registered by or with a board, department, authority or office of this state or one of its political subdivisions or instrumentalities to conduct a trade, business, profession or occupation, the court may order such board, department, authority or office to commence proceedings as required by law regarding the suspension of such license, permit, registration or authority to practice and to inform the court of the actions it has taken pursuant to such proceeding.

(b) The court may subsequently order such board, department, authority or office to terminate the suspension of the respondent`s license, permit, registration or authority to practice; however, the court shall order the termination of such suspension when the court is satisfied that the respondent has fully complied with all summons, subpoenas and warrants relating to a paternity or child support proceeding.

S 548-c. Paternity or child support proceedings; suspension of recreational licenses.
If the respondent, after receiving appropriate notice, fails to comply with a summons, subpoena, or warrant relating to a paternity or child support proceeding, the court may order any agency responsible for the issuance of a recreational license to suspend or to refuse to reissue a license to the respondent or to deny application for such license by the respondent. The court may subsequently order such agency to terminate the adverse action regarding  the respondent`s license; however, the court shall order the termination of such suspension or other adverse action when the court is satisfied that the respondent has fully complied with the requirements of all summons, subpoenas, and warrants relating to a paternity or child support proceeding.

S 549. Order of visitation.

(a) If an order of filiation is made or if a paternity agreement or compromise is approved by the court, in the absence of an order of custody or of visitation entered by the supreme court the family court may make an order of custody or of visitation, in accordance with subdivision one of section two hundred forty of the domestic relations law, requiring one parent to permit the other to visit the child or children at stated periods.

(b) Any order of the family court under this section shall terminate when the supreme court makes an order of custody or of visitation concerning the child or children, unless the supreme court continues the order of the family court.

S 550. Temporary order of protection.

(a) Upon the filing of a petition or counter-claim under this article, the court for good cause shown may issue a temporary order of protection which may contain any of the provisions authorized on the making of an order of protection under section five hundred fifty-one.

(b) A temporary order of protection is not a finding of wrongdoing.

(c) The court may issue or extend a temporary order of protection ex parte or on notice simultaneously with the issuance of a warrant directing that the respondent be arrested and brought before the court pursuant to section five hundred twenty-six of this article. Notwithstanding the foregoing provisions, an order of protection, or temporary order of protection where applicable, may be entered against a former spouse and persons who have a child in common, regardless whether such persons have been married or have lived together at any time.
Notwithstanding the foregoing provisions, an order of protection, or temporary order of protection where applicable, may be entered against a former spouse and persons who have a child in common, regardless of whether such persons have been married or have lived together at any time, or against a member of the same family or household as defined in subdivision one of section eight hundred twelve of this act.

S 551. Order of protection.
The court may make an order of protection in assistance or as a condition of any other order made under this article. The order of protection may set forth reasonable conditions of behavior to be observed for a specified time by the petitioner or respondent or both. No order of protection may direct any party to observe conditions of behavior unless the party requesting the order of protection has served and filed a petition or counter-claim in accordance with section one hundred fifty-four-b of this act. Such an order may require the petitioner or the respondent:

(a) to stay away from the home, school, business or place of employment of any other party, the other parent, or the child, and to stay away from any other specific location designated by the court;

(b) to permit a parent, or a person entitled to visitation by a court order or a separation agreement to visit the child at stated periods;

(c) to refrain from committing a family offense, as defined in subdivision one of section eight hundred twelve of this act, or any criminal offense against the child or against the other parent or against any person to whom custody of the child is awarded, or from harassing, intimidating or threatening such persons;

(d) to permit a designated party to enter the residence during a specified period of time in order to remove personal belongings not in issue in this proceeding or in any other proceeding or action under this act or the domestic relations law;

(e) to refrain from acts of commission or omission that create an unreasonable risk to the health, safety or welfare of a child;

(f) to participate in an educational program and to pay the costs thereof if the person has the means to do so, provided, however, that nothing contained herein shall be deemed to require payment of the costs of any such program by the state or any political subdivision thereof;

(g) to provide, either directly or by means of medical and health insurance, for expenses incurred for medical care and treatment arising from the incident or incidents forming the basis for the issuance of the order;

(h) to pay the reasonable counsel fees and disbursements involved in obtaining or enforcing the order of the person who is protected by such order if such order is issued or enforced, whether or not an order of filiation is made.

(i) to observe such other conditions as are necessary to further the purposes of protection. The court may also award custody of the child, during the term of the order of protection to either parent, or to an appropriate relative within the second degree. Nothing in this section gives the court power to place or board out any child or to commit a child to an institution or agency. In making orders of protection, the court shall so act as to insure that in the care, protection, discipline and guardianship of the child his religious faith shall be preserved and protected. Notwithstanding the foregoing provisions, an order of protection, or temporary order of protection where applicable, may be entered against a former spouse and persons who have a child in common, regardless whether such persons have been married or have lived together at any time.

1. to refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the person protected by the order or a minor child residing in such person’s household.

2. “Companion animal”, as used in this section, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law.

(j) to observe such other conditions as are necessary to further the purposes of protection.
The court may also award custody of the child, during the term of the order of protection to either parent, or to an appropriate relative within the second degree. Nothing in this section gives the court power to place or board out any child or to commit a child to an institution or agency. In making orders of protection, the court shall so act as to insure that in the care, protection, discipline and guardianship of the child his religious faith shall be preserved and protected.
Notwithstanding the foregoing provisions, an order of protection, or temporary order of protection where applicable, may be entered against a former spouse and persons who have a child in common, regardless of whether such persons have been married or have lived together at any time, or against a member of the same family or household as defined in subdivision one of section eight hundred twelve of this act.

PART 5
RELATED PROCEEDINGS

Sections:

561. Proceedings to compel support by mother.
562. Proceedings to compel support by mother and father.
563. Paternity and support proceedings combined; apportionment.
564. Order of filiation in other proceedings.
565. A proceeding to challenge testing directive.

S 561. Proceedings to compel support by mother.
Proceedings may be initiated under article four of this act to compel a mother who fails to support her child to do so in accord with the provisions of article four of this act.

S 562. Proceedings to compel support by mother and father.
Proceedings to compel a father who does not deny paternity of a child and the mother of the child to support the child may be instituted in accord with the provisions of article four of this act, unless an agreement or compromise is made in accord with section five hundred seventeen.

S 563. Paternity and support proceedings combined; apportionment.
When a proceeding to establish paternity is initiated under this article, the court on its own motion or on motion of any person qualified under article four of this act to file a support petition may direct the filing of a petition under article four to compel the mother to support her child. If the court enters an order of filiation, it may apportion the costs of the support and education of the child between the parents according to their respective means and responsibilities.

S 564. Order of filiation in other proceedings.

(a) In any proceeding in the family court, whether under this act or under any other law, if there is an allegation or statement in a petition that a person is the father of a child who is a party to the proceeding or also is a subject of the proceeding and if it shall appear that the child is a child born out-of-wedlock, the court may make an order of filiation declaring the paternity of the child in accordance with the provisions of this section.

(b) The court may make such an order of filiation if (1) both parents are before the court, (2) the father waives both the filing of a petition under section five hundred twenty-three of this act and the right to a hearing under section five hundred thirty-three of this act, and (3) the court is satisfied as to the paternity of the child from the testimony or sworn statements of the parents.

(c) The court may in any such proceeding in its discretion direct either the mother or any other person empowered under section five hundred twenty-two of this act to file a verified petition under section five hundred twenty-three of this act.

(d) The provisions of part four of this article five shall apply to any order of filiation made under this section. The court may in its discretion direct a severance of proceedings upon such order of filiation from the proceeding upon the petition referred to in subdivision (a) of this section.

(e) For the purposes of this section the term “petition” shall include a complaint in a civil action, an accusatory instrument under the criminal procedure law, a writ of habeas corpus, a petition for supplemental relief, and any amendment in writing of any of the foregoing.

S 565. A proceeding to challenge testing directive.
The court is authorized to hear and decide motions to challenge a directive by the department of social services requiring a party to submit to genetic testing, pursuant to section one hundred eleven-k of the social services. Nothing contained in this section shall be deemed to preclude the authority of a local social services district from filing a petition pursuant to this article.


Inside New York Paternity Law