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 If a proceeding is originated by a public welfare official and thereafter withdrawn or dismissed without consideration on the merits, such withdrawal or dismissal shall be without prejudice to other persons.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. Top of Page
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