Article 5 Paternity

Question 1

 FCA 511
Which of the following statements are correct regarding article 5, paternity proceedings?
(1)     family court has exclusive original jurisdiction over paternity proceedings
(2)     family court in accordance with the domestic relations law has concurrent jurisdiction with the supreme court to determine paternity
(3)     family court makes orders of custody in paternity proceedings
(4)     family court may direct filing of neglect proceedings
(a)     1 only
(b)     1 & 2 only
(c)     2 & 3 only
(d)     1, 3 & 4 only
(e)     1, 2, 3 & 4

Answer 1

d) 511 FCA
Family Court has exclusive original jurisdiction in proceedings to establish paternity and upon a finding of paternity, to order support and make orders of custody or visitation. On its own motion, the court may direct the filing of a neglect petition in accordance with Article 10, Child Protective Proceedings.
The Family Court has original jurisdiction concurrent with SURROGATE’S COURT to determine the issues relating to the establishment of paternity in accordance with section 111-b domestic relations law.

Question 2

 FCA 514
Which of the following statements is least correct?
The father is liable for reasonable expenses…
(a)     of the mother’s confinement
(b)     of the mother’s recovery
(c)     in connection with the mother’s pregnancy
(d)     all of the above as determined by the relevant hospital and attending physician
(e)     to the social services district and state department of health if expenses were paid on mother’s behalf under a medical assistance program

Answer 2

(d) 514 FCA
Such determination shall be made by the court.

Question 3

  FCA 516-a
An acknowledgment of parentage by the respondent/putative father:
(1)     may be filed with the registrar of the district in which the birth occurred and in which the birth certificate has been filed
(2)     shall establish parentage
(3)     is executed out of court
(4)     neither party may challenge the agreement once it has been signed
(a)     1 only
(b)     2 only
(c)     2 & 3 only
(d)     2, 3 & 4 only

Answer 3

(c) 516-a FCA
The out-of-court agreement acknowledging parentage establishes the paternity of the respondent/putative father. The agreement in writing MUST be filed with the registrar of the district where the child was born. Either party who signed the agreement may challenge the agreement in court but only on the basis of fraud, duress or material fact.

Question 4

 FCA 516-a
How many days after the expiration of the execution of the acknowledgment may a party who has attained the age of 18 challenge the agreement?
(a)     30 days
(b)     45 days
(c)     60 days
(d)     party may not challenge the agreement

Answer 4

(c) 516-a FCA
Signatory may seek to rescind the acknowledgment by filing a petition to vacate up to 60 days after attaining age 18.

Question 5

 FCA 516-a / b
When a petition to vacate an acknowledgment of parentage has been filed, the court shall:
(1)     Order genetic marker tests or DNA tests for the determination of the child’s parentage.
(2)     Order such test where the acknowledgment was signed by the intended parent through assisted reproduction per Public Health Law (Section 4135-b/1).
(a)     only one statement is true
(b)     both statements are true
(c)     neither 1 or 2 are true
(d)     neither 1 or 2 are false

Answer 5

(a) 516-a / b FCA
Statement (1) is true per the FCA.

Question 6

FCA 517
Proceedings to establish the paternity of a child may be instituted:
(1)     during the pregnancy of the mother
(2)     after the birth of the child
(3)     not before the child reaches 18 years of age
(4)     not before the child reaches 21 years of age
(a)     1 & 2 only
(b)     2 only
(c)     1 & 3 only
(d)     1, 2 & 4

Answer 6

(a) 517 FCA
1 & 2 are correct as per this section. Proceedings shall not be brought after the child reaches the age of 21 years unless paternity is acknowledged by the father in writing or by furnishing support.

Question 7

  FCA 521
One of the following statements is least correct as to venue under article 5. Proceedings may be originated:
(a)     in the county of the mother’s residence.
(b)     in the county of the putative father’s residence.
(c)     in the county of the child’s residence.
(d)     in the county as selected by the social service office.

Answer 7

(d) 521 FCA
Venue may be placed in the county where the mother, child or putative father resides or is found.

Question 8

 FCA 524
Respondent’s failure to appear in court in answer to a summons in a paternity proceeding shall result:
(1)     in default entry of an order of filiation.
(2)     in suspension of driving privileges.
(3)     immediate jail confinement.
(4)     shall not result in suspension of a sporting license or permit.
(a)     1 only
(b)     3 & 4 only
(c)     1,3 & 4 only
(d)     1,2 & 3

Answer 8

(a) 524 FCA
The summons in a paternity proceeding shall contain a notice stating that the respondent’s failure to appear shall result in the default entry of an order of filiation by the court.

Question 9

 FCA 525
Personal service of a summons and petition shall be made by delivery of a true copy thereof at least how many days before the time stated therein for appearance?
(a)     5 days
(b)     8 days
(c)     12 days
(d)     14 days

Answer 9

(b) 525 FCA
Service by mail shall be made at least 8 days before the time stated in the summons for appearance.

Question 10

 FCA 525
What other methods of service of a summons and petition are available to the petitioner under article 5?
(1)     service on a person of suitable age and discretion (SAD service CPLR 308.2)
(2)     substituted service (CPLR 308.4)
(3)     service by mail alone (CPLR 312-a)
(4)     service by publication (CPLR 316)
(a)     1 only
(b)     1 & 2 only
(c)     2 & 3 only
(d)     1,2 & 3 only
(e)     1,2,3 & 4

Answer 10

(d) 525 FCA
The court allows personal service or service upon a person of suitable age and discretion under CPLR 308.2 in the first instance. Substituted service (nail & mail) under CPLR 308.4 may be ordered only after reasonable effort at personal or SAD service have failed. Service by publication is not available under article 5 FCA.

Question 11

 FCA 527 (b)
When a respondent is taken into custody pursuant to a warrant issued by a family court outside of New York city, the respondent shall be:
(a)     taken before the court issuing the warrant if apprehended in that county
(b)     taken before any magistrate outside of New York city
(c)     taken to any family court in the state outside of New York city
(d)     taken to any family court in the state including New York city

Answer 11

(a) 527 (a),(b) FCA
A respondent apprehended in New York city on a warrant issued in New York city shall be taken before the court issuing the warrant. If respondent is taken into custody in a county outside New York city on a warrant issued in New York city, he shall be taken before a family court judge in the county of apprehension. A respondent, taken into custody on a warrant issued by a family court outside New York city, shall be taken before the court issuing the warrant if he was apprehended in that county. A respondent, taken into custody on a warrant issued in a county other than the county of arrest, shall be brought before a family court judge in that county.

Question 12

  FCA 541/542
Which of the following statements is/are correct?
(1)     if the court finds that the male party is not the father of the child, it shall dismiss the petition
(2)     if a neglect petition was filed in a paternity proceeding, the court retains jurisdiction over the neglect petition whether or not it dismisses the paternity petition
(3)     if the respondent willfully fails to appear before the court after submitting to a genetic marker test or DNA test and such test does not exclude respondent as the father, the court shall order temporary support
(a)     1 only
(b)     1 & 2 only
(c)     2 only
(d)     1, 2 & 3

Answer 12

(d) 541/542 FCA
As clearly stated in these sections.

Question 13

 FCA 546
Select the correct statement or statements regarding support payments:
(1)     court may require the payment to be made to the custodial parent
(2)     payment may be made to a support collection unit in any social service district
(3)     payment may be made to a support collection unit as designated by the appropriate social service district
(4)     the support collection unit shall report to the court the amounts received and paid over
(a)     1 & 2 only
(b)     1 & 3 only
(c)     3 & 4 only
(d)     2 & 4 only
(e)     1,3 & 4 only

Answer 13

(e) 546 FCA
Payment may be made directly to the custodial parent or the support collection unit as designated by social service but not just a unit from any social service district. The support collection unit shall report to the court as directed, the amounts received and paid over.

Question 14

 FCA 550
A temporary order of protection may be issued:
(a)     on notice only
(b)     by ex parte application only
(c)     either on notice or by ex parte application
(d)     only against a spouse or former spouse

Answer 14

(c) 550 FCA
The court may issue or extend a temporary order of protection on ex parte application or on notice and the order may be issued simultaneously with a warrant.

Question 15

 FCA 551
An order of protection may set forth reasonable conditions of behavior:
(a)     to be observed for an unspecified time
(b)     to be observed by both the petitioner and the respondent
(c)     to be observed by the respondent only
(d)     to be observed by the petitioner only

Answer 15

(b) 551 FCA
An order of protection is made by the court in assistance or as a condition of any other order made under article 5. The order may set forth reasonable conditions of behavior to be observed for a specified time by the petitioner or the respondent or both, as amended, eff. 11/11/20, per Ch. 261, L. 2020.

Question 16

   FCA 564
If a putative father is allowed to intervene in any family court proceeding the court may issue an order of filiation:
(1)     if both parents are present
(2)     if the father waives the filing of a paternity petition
(3)     if the father waives his right to a hearing
(4)     if the court is satisfied as to the paternity of the child from the testimony of the parents
(a)     1 only
(b)     2 & 3 only
(c)     1 & 3 only
(d)     1,2,3 & 4
(e)     4 only

Answer 16

(d) 564 FCA
All choices are correct. A putative father is not entitled to intervene in a proceeding in the absence of evidence of paternity. If the court allows the father to intervene the court may issue an order of filiation. The court may in its discretion, direct either the mother or another appropriate petitioner (under 522 FCA, persons who may originate proceedings) to file a paternity proceeding.

Question 17

 FCA 512 TRUE OR FALSE
As it pertains to paternity proceedings, the phrase “child born out of wedlock” refers to a child who is begotten or born out of lawful matrimony.

Answer 17

(T) 512 FCA
As per the section.

Question 18

FCA 512 TRUE OR FALSE
The word “child” refers to a child born out of wedlock.

Answer 18

(T) 512 FCA
This definition, again, pertains to Article 5 (Paternity Proceedings).

Question 19

  FCA 513 TRUE OR FALSE
Each parent of a child born out of wedlock is chargeable with the support of such child including the child’s funeral expenses.

Answer 19

(T) 513 FCA
The parents of a child under the age of 21 years are chargeable with the support of such child including the child’s funeral expenses.

Question 20

 FCA 514 TRUE OR FALSE
Under article 5 the father is not liable for medical expenses so expended in connection with the mother’s pregnancy.

Answer 20

(F) 514 FCA
The father is liable to pay reasonable expenses of the mother’s confinement and recovery and such reasonable expenses in connection with her pregnancy as determined by the court.

Question 21

FCA 516 TRUE OR FALSE
An agreement or compromise made by the mother and putative father for support does not bar other remedies for support.

Answer 21

(F) 516 FCA
The complete performance of the agreement or compromise when approved by the court bars other remedies of the mother or child for the support and education of the child.

Question 22

 FCA 516-a TRUE OR FALSE
The court shall vacate an acknowledgment of parentage if it finds that the acknowledgment was executed on the basis of fraud.

Answer 22

(T) 516-a (b)(iv) FCA
The court shall vacate the acknowledgment of parentage if it finds that it was executed on the basis of not only fraud but also duress or material mistake of fact. The registrar of the district shall be provided with a copy of the order along with a copy to the support collection unit.

Question 23

 FCA 516-a TRUE OR FALSE
A signed acknowledgment of parentage abates upon the death or mental illness of either signatory.

Answer 23

(F) 516-a (b)(v) FCA
If, at any time before or after a petition is filed, a signator to the acknowledgment dies or becomes mentally ill or cannot be found within the state, neither the proceeding nor the right to commence the proceeding shall abate, but may be commenced or continued by persons authorized to commence a parentage proceeding.

Question 24

FCA 516-a
A legal determination of parentage made by any other state must be accorded full faith and credit only if an acknowledgment of parentage meets the requirements of the social security act.

Answer 24

(T) 516-a FCA
A legal determination of parentage in another state must be accorded full faith and credit in New York (full faith and credit is the constitutional requirement that judicial proceedings of one state be respected by each of the sister states).

Question 25

 FCA 517 TRUE OR FALSE
Proceedings to establish paternity of a child may be brought after the child reaches the age of 21 years, if paternity has been acknowledged by the father in writing or by furnishing support.

Answer 25

(T) 517 FCA
Proceedings to establish parentage may be brought during the pregnancy of the mother or after the birth of the child but shall not be brought after the child reaches 21 years of age unless parentage has been acknowledged by the father in writing or by furnishing support to the child.

Question 26

 FCA 518 TRUE OR FALSE
A paternity proceeding or the right to commence a paternity proceeding shall not abate because of the death or mental incapacity of the mother.

Answer 26

(T) 518 FCA
A paternity proceeding shall not abate because of the death or mental incapacity of the mother or the inability to locate the mother within the state. The proceeding may be commenced or continued by a person authorized under article 5 to commence or continue a paternity proceeding.

Question 27

 FCA 519 TRUE OR FALSE
A paternity proceeding or the right to commence a paternity proceeding shall not abate due to the death or mental incapacity of the putative father where he was the petitioner in a paternity proceeding.

Answer 27

(T) 519 FCA
In addition, the proceeding shall not abate where the putative father has acknowledged paternity in open court, the putative father openly and notoriously acknowledged the child as his own or that a blood genetic marker test had been administered prior to his death.

Question 28

  FCA 522 TRUE OR FALSE
A paternity proceeding may be commenced by the mother only after she becomes 18 years of age.

Answer 28

(F) 522 FCA
The proceeding may be commenced by the mother or a person alleging to be the father whether a minor or not.

Question 29

 FCA 523
Paternity proceedings are commenced by the filing of a petition which may be verified or unverified.

Answer 29

(F) 523 FCA
This section of the law requires the filing of a verified petition alleging paternity.

Question 30

FCA 531 TRUE OR FALSE
The mother or alleged father shall be competent to testify at the paternity hearing but the respondent father may not be compelled to testify.

Answer 30

(T) 531 FCA
The respondent is provided with a privilege concerning testimony under 531 FCA.

Question 31

 FCA 531-a TRUE OR FALSE
A deposition or testimony under FCA article 5, taken by electronic means shall be recorded and may be preserved for transcription.

Answer 31

(F) 531-a FCA
Any such deposition or testimony taken by telephone, audio-visual means or other electronic means shall be recorded and preserved for transcription.

Question 32

 FCA 532 (a) TRUE OR FALSE
If the record or report of the result of a genetic marker test or a DNA test indicate at least a 95% probability of paternity, if unrebutted, the paternity and the liability of support of a child shall be established.

Answer 32

(T) 532 (a) FCA
The admission of such a result (95% probability of paternity) shall create a rebuttable presumption of paternity. If unrebutted, the paternity and support liability shall be established.

Question 33

  FCA 542 (b) TRUE OR FALSE
Upon the failure of the respondent to appear after the administration of the blood genetic marker test or DNA test that have not excluded the respondent as the father, the court shall order temporary support based on clear and convincing evidence of paternity that the paternity of such child has not been established nor an order of filiation entered against the respondent.

Answer 33

(T) 542 (b) FCA
Upon the failure of the respondent to appear after the administration and analysis of a genetic marker test or DNA test which do not exclude the respondent as the father, the court shall order temporary support based on clear and convincing evidence of paternity. The respondent shall be relieved from liability for support upon his appearance before the court.

Question 34

 FCA 548-a (a) TRUE OR FALSE
The court may order suspension of the respondent’s driving privilege upon his failure to obey a lawful order of the court.

Answer 34

T) As per sections 548-a, 548-b and 548-c FCA

Question 35

FCA 550 (c) & 551 TRUE OR FALSE
An order of protection or temporary order of protection where applicable, may be entered against a member of the same family or household as defined in §812 1.(e) FCA, Family Offenses.

Answer 35

(T) 550 (c) & 551 FCA
Per section 812 1.(e) FCA, Family Offenses: Persons who are not related by consanguinity (blood) or affinity (marriage) who are or have been in an intimate relationship regardless of whether such persons have lived together at any time.

Question 36

FCA 551 TRUE OR FALSE
The court, in making an order of protection under article 5 FCA, has the power to place or board out any child or commit a child to an institution or agency.

Answer 36

(F) 551 FCA
Nothing in this section gives the court the power to place or board out any child or commit a child to an institution. However, the court may award custody of the child during the term of the order of protection to either parent or relative within the 2nd degree of kindred.

Question 37

  FCA 563 TRUE OR FALSE
If the court enters an order of filiation it may apportion the costs of support and education between the parents according to their respective means.

Answer 37

(T) 563 FCA
As clearly stated in the section.

Question 38

FCA 565 TRUE OR FALSE
The court is not authorized to hear motions to challenge a directive by the department of social service requiring a person to submit to genetic testing.

Answer 38

(F) 565 FCA
The court is authorized to hear and determine such motions pursuant to section 111-K of the social service law which allows a social service official or designated representative to order the mother, child and the alleged father to submit to one or more genetic marker tests.