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Family Court Law

Consolidated Laws of NY's FCA code

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Part 2 - Article 5 - Family Court

VENUE AND PRELIMINARY PROCEDURE

Section Description
521 Jurisdiction.
522 Definitions.
523 Obligation of parents.
524 Liability of father to mother.
525 Governmental obligation to child.
526 Acknowledgment of paternity.
527 Time for instituting proceedings.
528 Effect of death, absence, or mental illness of mother.
  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  originated  by  a  public  welfare  official and thereafter withdrawn or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.

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