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Family Court Act > Article 5 > Flashcards

Article 5 Flashcards

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1
Q

An acknowledgement of paternity must be reduced to writing and filed with _________.

A

The registrar of the district in which the birth occurred and which the birth certificate had been filed.

FCA 516-a

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2
Q

A paternity proceeding cannot be started after the child reaches the age of 21 unless 1) paternity has been acknowledged by the writing, or 2) _________________.

A

By furnishing support

FCA 517

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3
Q

Respondent taken into custody on a warrant issued by NYC FC must be taken before the court that issued the warrant (if arrested within NYC). If arrested outside NYC, must be taken before _____________.

A

FC judge on that county

FCA 527

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4
Q

If the court finds that the male party is not the father, it shall __________.

A

Dismiss the petition

FCA 542

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5
Q

Order of filiation must be transmitted by the clerk to _________ (or to NYC commissioner of health if it appears that child was born in NYC).

A

The state commissioner of health

FCA 543

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6
Q

Any support order made pursuant to this section shall be effective as of _____________.

A

The date of application

FCA 571

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7
Q

A respondent taken into custody in Albany county on a warrant issued in Westchester county must be taken to ______________.

A

FC judge in Albany county

FCA 527

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8
Q

T/F some paternity trials are by jury.

A

False

FCA 531

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9
Q

T/F Mother and putative father are competent witnesses against each other in a paternity proceeding and both mother and husband, if married, may testify as non-access.

A

True

FCA 531

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10
Q

T/F blood genetic marker tests and DNA tests can only be ordered on motion of one of the parties.

A

False

FCA 532 (the tests must be ordered)

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11
Q

If s paternity petition and neglect petition set filed and court dismisses the paternity petition, the court retains jurisdiction over the neglect petition.

A

True

FCA 541

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12
Q

The order of filiation must contain the _____ number of the declared father.

A

Social security

FCA 542

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13
Q

Failure to respond to a summons, warrant, or subpoena in a paternity proceeding can result in the suspension of what types of licenses and permits (5 types)

A
  1. Driving license
  2. State professional licenses
  3. State occupational licenses
  4. State business licenses
  5. State recreational licenses

FCA 548-a

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14
Q

The FC and ______ court have concurrent jurisdiction to establish paternity.

A

Surrogates

FCA 511

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15
Q

An acknowledgment of paternity may be rescinded by either party within _____ days of signing by filing a petition.

A

60

FCA 516

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16
Q

T/F paternity proceedings may only be instituted up to child’s 21 birthday

A

False

FCA 517 (after child’s 21 birthday, if paternity has been acknowledged

17
Q

Venue of a paternity proceeding is ___________.

A

County where child or mother or putative father resides or is found

FCA 521

18
Q

A paternity summons must contain statement that:

A

Upon default, default order of filiation will be entered upon proof of respondents actual notice of proceeding, and may suspend licenses

FCA 524

19
Q

T/F paternity summons is issued by attorney for petitioner prior to filing of a paternity petition.

A

False

FCA 524

20
Q

A paternity summons and petition must be served ____ days before the time stated for appearance

A

8 days

FCA 525

21
Q

T/F Spouse support agreement or child support agreement or compromise is binding upon mother and child only when court approves such agreement

A

True

FCA 516

22
Q 
An acknowledgement may be rescinded by either party within 60 days of signing by either of the parties signing the acknowledgment by filing a petition with the court to vacate the acknowledgement. After 60 days of execution of the acknowledgement, it can only be challenged on the basis of fraud, duress, or material mistake of fact. 
A. 30...30
B. 60...60
C. 60...60
D. 30...30
A

60…60

FCA 516-a

23
Q

Which of the following choices is not completely correct? A paternity proceeding may be originated by:
A. The mother (minor or not) alleged father (minor or not)
B. Child, child’s guardian
C. Friend or other person standing in parental relation or being the
next of kin of the child
D. Authorized representative of incorporated society doing charitable/philanthropic work, or public welfare official in county where mother resides or child is found (if mother or child are likely to become public charges)

A

C. Friend or other person standing in parental relation or being the next of kin of the child

FCA 522

24
Q

Which of the following two statements are correct?
1. Respondent taken into custody on a warrant issued by NYC family court must be taken before the court that issued the warrant (if arrested within NYC). If arrested outside NYC, must be taken before FC that county
2. Respondent taken into custody on a warrant NOT issued by NYC FC, must be taken before court that issued warrant (if arrested within that county). If arrested outside the county that issued the warrant, he must be taken before FC judge in county of arrest.
A. Only statement 1 is correct
B. Only statement 2 is correct
C. Both statements are correct
D. Both statements are not correct

A

C. Both statements are correct

FCA 527

25
Q

Service of a paternity proceeding summons and petition must be made at least __ days prior to the time __.
A. 3…To answer
B. 8…to interpose.
C. 20…support collection unit serves a demand for support
D. 8…stated for appearance

A

D. 8…stated for appearance

FCA 525

26
Q

Which of the following statements relating to paternity proceedings is false?
A. Hearing is by the court without a jury
B. Mother or alleged father shall be competent to testify
C. Respondent shall be compelled to testify
D. If mother is married both she and her husband may testify to non access

A

C. Respondent shall be compelled to testify

FCA 531

27
Q

Which of the following is correct? If s neglect petition was filed in the paternity proceeding:
A. Neglect petition must be dismissed
B. Neglect petition must be dismissed if paternity petition is dismissed
C. Paternity petition must be dismissed if neglect petition is dismissed
D. Court retains jurisdiction over neglect petition whether or not it dismisses paternity petition

A

D. Court retains jurisdiction over neglect petition whether or not it dismissed paternity petition

FCA 541

28
Q

Which of following statements is not correct? In a paternity proceeding the court may issue a warrant if
A. The summons cannot be served
B. The respondent had failed to obey the summons
C. The safety of the petitioner is endangered
D. A respondent on bail or parole has appeared

A

D. A respondent on bail or parole has appeared

FCA 526

29
Q

Which of the following is false?
A. Paternity proceedings are originated by a verified petition
B. Paternity proceedings may only be originated by the father
C. Paternity proceedings may be originated by mother, whether a minor or not
D. Paternity proceedings may be originated by the child’s guardian

A

B. Paternity proceedings may only be originated by the father

FCA 522

30
Q 
Two NYS courts that have concurrent original jurisdiction relating to establishment of paternity are FC and
A. The civil court
B. The surrogates court
C. The criminal court
D. The district courts
A

B. The surrogates court

FCA 511

31
Q

Which of the following is not correct? A paternity proceeding may be instituted
A. During the pregnancy of the mother
B. During pregnancy of mother or at any time after the birth of the child
C. Any time if paternity has been acknowledged in writing
D. Any time if paternity has been acknowledged by furnishing support

A

B. During pregnancy of mother or at any time after the birth of the child.

FCA 517

32
Q

Which of the following is not correct? Paternity proceeding may be originated in county where
A. Child resides
B. Mother is found
C. Putative father is domiciled
D. Putative father, or child, or mother resides or is found

A

C. Putative father is domiciled

FCA 521

Family Court Act (21 decks)

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