Article 5 Volume 1 Flashcards
511- Jurisdiction.
The family court has __________ in proceedings to establish paternity, and upon a finding of paternity order support, custody or visitation
exclusive original jurisdiction
511- Jurisdiction.
On its own motion the court may at any time direct the filing of a _________
neglect petition
511- Jurisdiction.
The ________ court has original jurisdiction concurrent with the family court to determine issues relating to the establishment of paternity
surrogate’s
512- Definitions
A child born ________ refers to a child who is begotten and born out of a lawful matrimony
out of wedlock
513- Obligation of parents
Each parent of a child born out of wedlock is chargeable with the support of such child including funeral expenses and should pay child support if able
Each parent of a child born out of wedlock is chargeable with the support of such child including funeral expenses and should pay child support if able
514- Liability of father to mother
A father is liable to pay reasonable expenses concerning the pregnancy; he may have to pay back the _________ if payments were originally made by them
social services district
515- Governmental obligation to child.
In the case of neglect or the parents’ inability to provide support and education of the child, such child will be supported by the _______or _______ or _______ under social services law
county, city or town
516-a Acknowledgment of parentage (FORMERLY, ACKNOWLEDGEMENT OF PATERNITY).
An acknowledgment of PARENTAGE shall establish paternity and the liability for support. Such acknowledgment must be reduced to writing and filed with the registrar of the district in which the birth occurred and in which the birth certificate has been filed. No further proceedings are required to ratify an unchallenged acknowledgment of PARENTAGE
516-a Acknowledgment of parentage (FORMERLY, ACKNOWLEDGEMENT OF PATERNITY).
An acknowledgment of PARENTAGE shall establish paternity and the liability for support. Such acknowledgment must be reduced to writing and filed with the registrar of the district in which the birth occurred and in which the birth certificate has been filed. No further proceedings are required to ratify an unchallenged acknowledgment of PARENTAGE
516-a Acknowledgment of parentage (FORMERLY, ACKNOWLEDGEMENT OF PATERNITY).
An acknowledgment may be rescinded by either signator’s filing of a petition with the court to vacate the acknowledgment within the earlier of _______ of the date of the signing of the acknowledgment or the date of a proceeding brought before the court, (such as support) involving the child in which the signator is a party
SIXTY (60) DAYS
516-a Acknowledgment of parentage (FORMERLY, ACKNOWLEDGEMENT OF PATERNITY).
Where a signatory to an acknowledgment of parentage is not yet eighteen at the time of signing, the signatory may seek to rescind the acknowledgment by filing a petition with the court to vacate the acknowledgment anytime:
- up to __________ after the signatory’s attaining the age of ________ or
- _________ after the date on which the respondent is required to answer a petition (including, but not limited to, a petition to establish a support order) relating to the child whichever is _________;
- the signatory must have been advised at such proceeding of their right to file a petition to vacate the acknowledgment within sixty days of the date of such proceeding.
sixty days ……….. eighteen years……. sixty days ……….. earlier
516-a Acknowledgment of parentage (FORMERLY, ACKNOWLEDGEMENT OF PATERNITY).
Where a petition to vacate an acknowledgment of parentage has been filed, the court (MAY/SHALL) order genetic marker tests or DNA tests for the determination of the child’s parentage.
This does not apply where the acknowledgment was:
- signed by the intended parent of a child born through_______________ , or
- upon a written finding by the court that it is not in the best interests of the child on the reason of res judicata, equitable estoppel, or the presumption of legitimacy.
If the court finds the person who signed the acknowledgment is the parent it shall issue an order of filiation, if such person is not the parent it will vacate the acknowledgment
shall…… assisted reproduction
516-a Acknowledgment of parentage (FORMERLY, ACKNOWLEDGEMENT OF PATERNITY).
After the allowable SIXTY (60) DAY time frame to rescind has passed, either signator may only challenge the acknowledgment of paternity by alleging and proving either:
-
-
-
FRAUD, DURESS, MATERIAL MISTAKE OF FACT
516-a Acknowledgment of parentage (FORMERLY, ACKNOWLEDGEMENT OF PATERNITY).
If the petitioner proves to the court that the acknowledgment of parentage was signed under fraud, duress, or due to a material mistake of fact, the court (MAY/SHALL) then order genetic marker tests or DNA tests for the determination of the child’s parentage.
No such test shall be ordered, however, where the acknowledgment was signed by the intended parent of a child born through assisted reproduction or if it is not in the best interests of the child on the basis of res judicata, equitable estoppel, or the presumption of legitimacy
shall
516-a Acknowledgment of parentage (FORMERLY, ACKNOWLEDGEMENT OF PATERNITY).
If the court determines that the person who signed the acknowledgment is not the parent of the child, the acknowledgment (MAY/SHALL) be vacated.
SHALL
516-a Acknowledgment of parentage (FORMERLY, ACKNOWLEDGEMENT OF PATERNITY).
(NEW) An acknowledgment of parentage is void if, at the time of signing, any of the following are true:
(i) a person other than the signatories is a presumed parent of the child
(ii) a court has entered a judgment of parentage of the child;
(iii) another person has signed a valid acknowledgment of parentage with regard to the child;
(iv) the child has a parent pursuant to section 581-303 of the family court act (Parentage of child of assisted reproduction.) other than the signatories;
(v) a signatory is a gamete donor under section 581-302 of the family court act (Status of donor); or
(vi) the acknowledgment is signed by a person who asserts that they are a parent under section 581-303 (Parentage of child of assisted reproduction.) of the family court act of a child conceived through assisted reproduction, but the child was not conceived through assisted reproduction.
516-a Acknowledgment of parentage (FORMERLY, ACKNOWLEDGEMENT OF PATERNITY).
(NEW) An acknowledgment of parentage is void if, at the time of signing, any of the following are true:
(i) a person other than the signatories is a presumed parent of the child
(ii) a court has entered a judgment of parentage of the child;
(iii) another person has signed a valid acknowledgment of parentage with regard to the child;
(iv) the child has a parent pursuant to section 581-303 (Parentage of child of assisted reproduction.) of the family court act other than the signatories;
(v) a signatory is a gamete donor under section 581-302 (Status of donor) of the family court act; or
(vi) the acknowledgment is signed by a person who asserts that they are a parent under section 581-303 (Parentage of child of assisted reproduction.) of the family court act of a child conceived through assisted reproduction, but the child was not conceived through assisted reproduction.
If the court vacates the acknowledgment of paternity,it shall immediately provide a copy of the order to the registrar of the district where the birth certificate was filed and to the putative father registry operated by the department of social services
In addition if the mother of the child is in receipt of child support services then the child support enforcement unit must immediately be notified of the vacate order as well
516-a Acknowledgment of parentage (FORMERLY, ACKNOWLEDGEMENT OF PATERNITY).
An acknowledgment of paternity from another state (MUST/MAY) be afforded full faith and credit
MUST
517- Time for instituting proceedings.
Proceedings to establish paternity may be instituted during the pregnancy or after the birth of the child, but only until the child reaches _________ unless the father:
- acknowledges _______________ or
- furnishes ________________
TWENTY ONE (21) YEARS……… paternity……….. support
518- Effect of death, absence, or mental illness of mother.
A proceeding (WILL/WILL NOT) abate but continue even upon the death, absence or mental illness of the ___________
WILL NOT………. mother
519- Effect of death, absence or mental illness of putative father.
A proceeding (WILL/WILL NOT)abate but continue even upon the death, absence or mental illness of the father, only when:
1.The putative father was the _________ in a paternity proceeding
2. The putative father acknowledged paternity in ___________
3. A genetic marker or DNA test was administered _________ the putative father’s death
4. The putative father has openly and notoriously ____________ the child as his own.
WILL NOT………petitioner…… open court…… before……..acknowledged
521- Venue.
Paternity proceedings may be originated in the county where the mother or child _________ , or in the county where the putative father ________ regardless if the child was born out of the state
resides or is found…… resides or is found
522- Persons who may originate proceedings.
Paternity proceedings may be commenced by:
1.The mother, whether a minor or not
2. The alleged father, whether a minor or not
3. The child
4. Child’s guardian or other person standing in a parental relation or being the next of kin of the child
5. Authorized representative of an incorporated society doing charitable work
6. Public welfare official where the mother is likely to become a public charge
522- Persons who may originate proceedings.
Paternity proceedings may be commenced by:
1.The mother, whether a minor or not
2. The alleged father, whether a minor or not
3. The child
4. Child’s guardian or other person standing in a parental relation or being the next of kin of the child 5. Authorized representative of an incorporated society doing charitable work
6. Public welfare official where the mother is likely to become a public charge
522- Persons who may originate proceedings.
If a proceeding is originated by a __________ and thereafter withdrawn or dismissed without consideration on the merits, such withdrawal or dismissal shall be ___________ to other persons.
public welfare official…….. without prejudice
523- Petition
Upon receiving a petition the court shall cause a summons to be issued requiring the respondent to show cause why a declaration of paternity should not be made
523- Petition
Upon receiving a petition the court shall cause a summons to be issued requiring the respondent to show cause why a declaration of paternity should not be made
523- Petition
The petition shall be in writing and __________ by the petitioner.
verified
524- Issuance of summons.
The summons shall state that failure to appear shall result in a default entry of an order of filiation (upon proof they were served),and may result in suspension of licenses and other privileges
The summons shall state that failure to appear shall result in a default entry of an order of filiation (upon proof they were served),and may result in suspension of licenses and other privileges
- Service of summons.
Personal service of the summons and petition shall be made by delivery to the person summoned at least ________ before the time stated for appearance, or by delivery to a person of _______________ at the actual place of business or dwelling AND by mailing a copy to the person served at their last known address at least _________ before the time stated for appearance
suitable age and discretion………….. EIGHT (8) DAYS ….. EIGHT (8) DAYS
- Service of summons.
If after ________ effort service cannot be made the court may direct substituted service as per the _____
Reasonable .. CPLR
- Service of summons.
Regardless if either method above is used, service may be made by mail alone at least ______ before the time stated for appearance however a default order of filiation may only be made upon proof of mail being certified and signed for by the respondent
The respondent shall have the right to make a motion for relief from such default order within ________ from the date such order was entered
EIGHT (8) DAYS….. one year
526- Issuance of warrant.
The court may issue a warrant directing the respondent to be arrested and brought before the court when:
1. The summons cannot be served
2. The respondent has failed to obey the summons
3. The respondent is likely to leave the jurisdiction
4. A summons in the court’s opinion would be ineffectual
5. The safety of the petitioner is in danger
6. A respondent on bail or parole has failed to appear
526- Issuance of warrant.
The court may issue a warrant directing the respondent to be arrested and brought before the court when:
1. The summons cannot be served
2. The respondent has failed to obey the summons
3. The respondent is likely to leave the jurisdiction
4. A summons in the court’s opinion would be ineffectual
5. The safety of the petitioner is in danger
6. A respondent on bail or parole has failed to appear
527- Preliminary procedure on warrant
When a respondent is taken into custody on a warrant issued by the NYC Family court, he shall be brought before ________ if taken into custody in NYC. If taken into custody outside of NYC, he shall be taken before ________ judge in that county
the court issuing the warrant …. a family court
527- Preliminary procedure on warrant
When a respondent is taken into custody on a warrant issued by a Family court outside of NYC, he shall be brought before the __________ if taken into custody in that county. If taken into custody outside the issuing county, he shall be taken before ________ judge in that county
the court issuing the warrant …. a family court
528- Procedure before court.
The court before whom a respondent is brought may require an ________ (bail) or may place the respondent in custody until the hearing commences
undertaking
531- Hearing.
The trial shall be by the court without a ______
jury
531- Hearing.
The mother or the alleged father (SHALL/SHALL NOT) be competent to testify, but the respondent (SHALL/SHALL NOT) be compelled to testify
SHALL… SHALL NOT
531- Hearing.
If the mother is married, both she and her husband may testify to_______
non-access
531- Hearing.
The respondent can offer testimony of access by others only when corroborated by other _________and ______________ tending to prove such access
facts and circumstances
531- Hearing.
The court (MAY/SHALL) exclude the general public from the courtroom
MAY
531-a- Testimony by telephone, audio-visual means or other electronic means.
The court may permit a party or witness to be deposed or to testify by telephone or other audio-visual means in a family court or other location. This is usually done when the one party is outside of the county or is incarcerated or will cause an undue hardship to personally appear. It’s the chief administrator of the courts who promulgates rules for taking of such testimony
531-a- Testimony by telephone, audio-visual means or other electronic means.
The court may permit a party or witness to be deposed or to testify by telephone or other audio-visual means in a family court or other location. This is usually done when the one party is outside of the county or is incarcerated or will cause an undue hardship to personally appear. It’s the chief administrator of the courts who promulgates rules for taking of such testimony
