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Part 5 - Article 5 - Family Court

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Part 5

RELATED PROCEEDINGS

Section	Description
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 challange 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
  law.  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.

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