Article 5 Volume 2 Flashcards
532- Genetic marker and DNA tests;
The court on its own motion or on the motion of any party when paternity is contested, shall order the mother, the child and the alleged father to submit to one or more genetic marker or DNA tests.
No test shall be ordered however upon a written finding that it is not in the best interests of the child. If the report indicates a ____________ probability of paternity, then a rebuttable presumption of paternity shall be established
NINETY-FIVE PERCENT (95%)
532- Genetic marker and DNA tests;
The costs of such tests in the first instance shall be paid by the _____ , if the _______ is unable to pay such costs the court may direct any qualified public health officer to perform the tests or have it paid for by funds from the local social services district. The court can order the cost to be apportioned between the parties or against the party who does not prevail
moving party….. moving party
533- Adjournment on application of party.
The court may grant an adjournment on the application of either party and may require an ________ for future appearance
undertaking
534- Adjournment on motion of court.
The court may adjourn the matter on its own motion after a finding of paternity in order to make further inquiries and may still require the respondent to give an ________ for future appearance
The court may adjourn the matter on its own motion after a finding of paternity in order to make further inquiries and may still require the respondent to give an undertaking for future appearance
535- Counsel for social services commissioner.
The social services commissioner will be represented by _______ in the city of NY and by the __________ elsewhere
corporation counsel……. county attorney
536- Counsel fees.
After an order of filiation is made the court (MAY/SHALL) direct counsel fees for the attorney of the prevailing party, if he or she is unable to pay such fees
MAY
541- Order dismissing petition.
If the court finds the male party is not the father it will ________ the petition.
If a neglect petition was also filed it will ______________ over that petition
dismiss…… maintain jurisdiction
542- Order of filiation.
If the court finds the male party is the father it shall make an order of filiation, such order shall contain the _________ of the father
social security number
542- Order of filiation.
If the respondent fails to appear and there is clear and convincing evidence of paternity Or DNA results that do not exclude the respondent as the father or fails to appear and fails to comply with an order made by the court or the social services official, the court shall enter an _______________ notwithstanding that paternity of the child has not yet been established.
The respondent will be relieved of the liability of support under the temporary order upon his appearance in court
order of temporary support
543- Transmission of order of filiation.
When an order of filiation is made the clerk of the court shall forthwith transmit to the ___________ written notification of such order.
If it appears the child was born in NYC the clerk shall forthwith transmit the written notification to the ________
state commissioner of health …….. commissioner of health for the city of NY
544- Transmission of abrogation of filiation order.
If an order of filiation is abrogated by later judgment or order of the court that originally made the order,or by another court on appeal, the clerk shall forthwith notify as indicated above in FCA 543 (Transmission of order of filiation.)
544- Transmission of abrogation of filiation order.
If an order of filiation is abrogated by later judgment or order of the court that originally made the order,or by another court on appeal, the clerk shall forthwith notify as indicated above in FCA 543
545- Order of support by parents.
In a proceeding in which the court has made an order of filiation,the court shall direct the parents to provide support for the child for general purposes and education until the child is of the age of _______
twenty one
545- Order of support by parents.
The order shall be effective as of the earlier of the date of the application for an order of __________, or, if the children for whom support is sought are in receipt of __________ , the date for which their eligibility for public assistance was effective.
filiation……….. public assistance
545- Order of support by parents.
The parents are directed to keep their ______ known at all times and to report changes in address to the support collection unit.
address
545- Order of support by parents.
The order of the court shall contain the _______ of the parents
social security numbers
545- Order of support by parents.
“Cash medical support” such as the expense of the ___________ and recovery will be apportioned between the parties
pregnancy
545- Order of support by parents.
The order may also direct each parent to pay child support for the period of time ________ the order was made, and may direct each parent to pay funeral expenses if the child has died.
before
545- Order of support by parents.
The court 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 _________ of the child to the date of the application for an order of filiation.
date of the birth
546- Payment to parent or support collection unit.
The court can direct support payments to be made to the parent having custody or the ________________
support collection unit
547- Substitution of trustee.
The court may substitute another ___________ for the one designated and acting
trustee
548a, b and c- Compliance with orders, Paternity or child support proceedings; suspension of driving privileges, Paternity or child support proceedings; suspension of state professional, occupational and business licenses.
- If the respondent after notice fails to comply with a summons, subpoena or warrant relating to paternity or child support the court may order the department of motor vehicles to suspend their driving privileges, or suspend their state, occupational or recreational licenses
548a, b and c- Compliance with orders, Paternity or child support proceedings; suspension of driving privileges, Paternity or child support proceedings; suspension of state professional, occupational and business licenses.
If the respondent after notice fails to comply with a summons, subpoena or warrant relating to paternity or child support the court may order the department of motor vehicles to suspend their driving privileges, or suspend their state, occupational or recreational licenses
549- Order of visitation.
After paternity is established the family court may order custody or visitation if such order does not already exist in the _____________
supreme court
550- Temporary order of protection.
Upon the filing of a petition under this article the family court may order a temporary order of protection which is not a finding of wrong doing
550- Temporary order of protection.
Upon the filing of a petition under this article the family court may order a temporary order of protection which is not a finding of wrong doing
551- Order of protection.
The court may order an order of protection in assistance or as a condition of any other order made under this article.
551- Order of protection.
The court may order an order of protection in assistance or as a condition of any other order made under this article.
552- Firearms; surrender and license suspension, revocation and ineligibility.
Repeat of new law: The issuance of any order of protection shall cause the court to make a determination regarding the suspension or revocation of a license to carry or possess _______________
a firearm
561- Proceedings to compel support by mother.
Proceedings may be initiated to compel ______ to support her child
a mother
562- Proceedings to compel support by mother and father.
Proceedings may be initiated to compel ________ who does not ___________ to support the child
a father………deny paternity
563- Paternity and support proceedings combined; apportionment.
After the filing of a petition under this article the court may direct the filing of a petition under article four to compel the ___________ to support the child and apportion support and education between parents after the entry of an order of filiation
mother
564- Order of filiation in other proceedings.
In any proceeding in the family court where a person declares that they are the father of a child born out of wedlock, the court may make an order of filiation providing:
- Both parents are before __________
- The father waives filing of a petition and his right to ______________
- The court is satisfied as to the ____________ of the child
the court………a hearing………… paternity
564- Order of filiation in other proceedings.
The court may in any such proceeding direct either the mother or any other person empowered under this act to file a verified petition for _________
paternity
565- A proceeding to challenge testing directive
The court is authorized to hear and decide motions to challenge a directive by the ___________________ requiring a party to submit to ________
department of social services……. genetic testing
516-a Acknowledgment of parentage (FORMERLY, ACKNOWLEDGEMENT OF PATERNITY).
If the court __________ the acknowledgment of paternity, it shall immediately provide a copy of the order to the ________ 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 ______________ must immediately be notified of the vacate order as well
vacates…… registrar…………. child support enforcement unit
