• ABC
• CPL 
  • CRIMINAL PROCEDURE LAW
  •  
  • CPL Index by Article
  • CPL Index by Part
  •  
  • Part 1 - General Provisions
  • Part 2 - The Principal Proceedings
  • Part 3 - Special Proceedings
  •  
  • CPL - Most Viewed Law Articles
  • CPL - Popular Search Terms
• CVR
• FCA
• PEN 
  • PENAL LAW Index
  •  
  • Penal Law by Article
  • Penal Law by Part
  •  
  • Part 1 - General Provisions
  • Part 2 - Sentences
  • Part 3 - Specific Offenses
  • Part 4 - Administrative Provisions
  •  
  • Alphabetical List Penal Offenses
  • Most Viewed Penal Law Articles
  • Penal Law Common Search Terms
• VTL 
  • VEHICLE TRAFFIC LAW Index
  •  
  • VTL by Article / Description
  •  
  • Common Traffic Violations
  • Drivers License Points GUIDE
  • Driving While Fatigued GUIDE
  • DWI Laws / Penalties
  • Seat Belt GUIDE
• Site 
  • Law Spelling Guide
  • Legal Terms Defined
  • Site F.A.Q.'s
  • Site Map
  • U.S. Constitution
  •  
  • SELECTED ARTICLES
  • Correction Laws
  • Navigation Laws

Part 4 - Article 5 - Family Court

• NY Laws ›
• Family Court ›
• Article 5 ›
• Part 4

  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 the funeral expenses if the child has  died.
  The  necessary expenses incurred by or for the mother in connection with
  her confinement and recovery and such expenses in  connection  with  the
  pregnancy  of  the  mother shall be deemed cash medical support, and the
  court shall determine the  obligation  of  either  or  both  parents  to
  contribute  to  the  cost  thereof  pursuant  to  subparagraph  five  of
  paragraph (c) of subdivision one of section  four  hundred  thirteen  of
  this  act.  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  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)  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) 1. to promptly return specified identification  documents  to  the
  protected  party,  in  whose  favor the order of protection or temporary
  order of protection is issued; provided, however, that such  order  may:
  (A)  include  any appropriate provision designed to ensure that any such
  document is available for  use  as  evidence  in  this  proceeding,  and
  available if necessary for legitimate use by the party against whom such
  order  is  issued; and (B) specify the manner in which such return shall
  be accomplished.
    2. For purposes of this subdivision, "identification  document"  shall
  mean  any of the following: (A) exclusively in the name of the protected
  party:  birth  certificate,  passport,  social  security  card,   health
  insurance  or  other  benefits  card,  a card or document used to access
  bank, credit or other financial accounts or records,  tax  returns,  any
  driver's license, and immigration documents including but not limited to
  a  United  States  permanent  resident card and employment authorization
  document; and (B) upon motion and after notice and an opportunity to  be
  heard,  any of the following, including those that may reflect joint use
  or   ownership,   that  the  court  determines  are  necessary  and  are
  appropriately transferred to the protected party: any card  or  document
  used  to access bank, credit or other financial accounts or records, tax
  returns, and any other identifying cards and documents; and
    (k) 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.
    In  any proceeding pursuant to this article, a court shall not deny an
  order of protection, or dismiss an application for such an order, solely
  on the basis  that  the  acts  or  events  alleged  are  not  relatively
  contemporaneous  with  the  date of the application or the conclusion of
  the action. The duration of any temporary order shall not by itself be a
  factor in determining the length or issuance of any final order.
    The protected  party  in  whose  favor  the  order  of  protection  or
  temporary  order  of  protection is issued may not be held to violate an
  order issued in his or  her  favor  nor  may  such  protected  party  be
  arrested for violating such order.

  S 552. Firearms;  surrender  and  license suspension, revocation and
  ineligibility. Upon the issuance of an order of protection or  temporary
  order  of protection, or upon a violation of such order, the court shall
  make a determination  regarding  the  suspension  and  revocation  of  a
  license  to  carry, possess, repair or dispose of a firearm or firearms,
  ineligibility for such a  license  and  the  surrender  of  firearms  in
  accordance with section eight hundred forty-two-a of this act.

 Top of Page