Title FCT, Family Court

§ 516-a. Acknowledgment of parentage. (a) An acknowledgment of\nparentage executed pursuant to section one hundred eleven-k of the\nsocial services law or section four thousand one hundred thirty-five-b\nof the public health law shall establish the parentage of and liability\nfo…

§ 517. Time for instituting proceedings. Proceedings to establish the\npaternity of a child may be instituted during the pregnancy of the\nmother or after the birth of the child, but shall not be brought after\nthe child reaches the age of twenty-one years, unless paternity has …

§ 518. Effect of death, absence, or mental illness of mother. If, at\nany time before or after a petition is filed, the mother dies or becomes\nmentally ill or cannot be found within the state, neither the proceeding\nnor the right to commence the proceeding shall abate but may …

§ 519. Effect of death, absence or mental illness of putative father.\nIf, at any time before or after a petition if filed, the putative father\ndies, or becomes mentally ill or cannot be found within the state,\nneither the proceeding nor the right to commence the proceeding sh…

§ 521. Venue. Proceedings to establish paternity may be originated in\nthe county where the mother or child resides or is found or in the\ncounty where the putative father resides or is found. The fact that the\nchild was born outside of the state of New York does not bar a\npro…

§ 522. Persons who may originate proceedings. Proceedings to establish\nthe paternity of the child and to compel support under this article may\nbe commenced by the mother, whether a minor or not, by a person alleging\nto be the father, whether a minor or not, by the child or ch…

§ 523. Petition. Proceedings are commenced by the filing of a verified\npetition, alleging that the person named as respondent, or the\npetitioner if the petitioner is a person alleging to be the child's\nfather, is the father of the child and petitioning the court to issue a\ns…

§ 524. Issuance of summons. (a) On receiving a petition sufficient in\nlaw commencing a paternity proceeding, the court shall cause a summons\nto be issued, requiring the respondent to show cause why the declaration\nof paternity, order of filiation, order of support and other a…

§ 525. Service of summons. (a) Personal service of summons and\npetition shall be made by delivery of a true copy thereof to the person\nto be summoned at least eight days before the time stated therein for\nappearance; or by delivery of a true copy thereof to a person of\nsuita…

§ 526. Issuance of warrant. The court may issue a warrant, directing\nthat the respondent be arrested and brought before the court, when a\npetition is presented to the court under section five hundred\ntwenty-three and it appears that\n (a) the summons cannot be served; or\n (b…

§ 527. Preliminary procedure on warrant. (a) When a respondent is\ntaken into custody pursuant to a warrant issued by a family court in a\ncounty in New York city under section five hundred twenty-six, he or she\nshall be taken before the court issuing the warrant if the respond…

§ 528. Procedure before court. The court before whom the respondent is\ntaken under section five hundred twenty-seven may require an undertaking\nto appear or in default thereof may place the respondent in custody.\n

§ 531. Hearing. The trial shall be by the court without a jury. The\nmother or the alleged father shall be competent to testify but the\nrespondent shall not be compelled to testify. If the mother is married\nboth she and her husband may testify to nonaccess. If the respondent\n…

§ 531-a. Testimony by telephone, audio-visual means or other\nelectronic means. (a) In any proceeding under this article, the court\nmay permit a party or a witness to be deposed or to testify by\ntelephone, audio-visual means, or other electronic means at a designated\nfamily c…

§ 532. Genetic marker and DNA tests; admissibility of records or\nreports of test results; costs of tests. (a) The court shall advise the\nparties of their right to one or more genetic marker tests or DNA tests\nand, on the court's own motion or the motion of any party, shall or…

§ 533. Adjournment on application of party. The court, on application\nof either party, may for good cause shown grant such adjournments as may\nbe necessary. If an adjournment is granted upon the request of either\nparty, the court may require the respondent to give an undertak…

§ 534. Adjournment on motion of court. On its own motion, the court\nmay adjourn the hearing after it has made a finding of paternity to\nenable it to make inquiry into the surroundings, conditions and\ncapacities of the child, into the financial abilities and\nresponsibilities …

§ 535. Counsel for social services commissioner. (a) The corporation\ncounsel of the city of New York shall represent the social services\ncommissioner of such city in all proceedings under this article in which\nthe commissioner is the petitioner.\n (b) In any county outside th…

§ 536. Counsel fees. Once an order of filiation is made, the court in\nits discretion may allow counsel fees to the attorney for the prevailing\nparty, if he or she is unable to pay such counsel fees. Representation\nby an attorney pursuant to paragraph (b) of subdivision nine o…

§ 541. Order dismissing petition. If the court finds the male party is\nnot the father of the child, it shall dismiss the petition. If a neglect\npetition was filed in the paternity proceeding, the court retains\njurisdiction over the neglect petition whether or not it dismisses…

§ 542. Order of filiation. (a) If the court finds the male party is\nthe father of the child, it shall make an order of filiation, declaring\npaternity. Such order shall contain the social security number of the\ndeclared father.\n (b) If the respondent willfully fails to appear…

§ 543. Transmission of order of filiation. When an order of filiation\nis made, the clerk of the court shall forthwith transmit to the state\ncommissioner of health on a form prescribed by him a written\nnotification as to such order, together with such other facts as may\nassis…

§ 544. Transmission of abrogation of filiation order. If an order of\nfiliation is abrogated by a later judgment or order of the court that\noriginally made the order or by another court on appeal, that fact shall\nbe immediately communicated in writing by the clerk of the court…

§ 545. Order of support by parents. 1. In a proceeding in which the\ncourt has made an order of filiation, the court shall direct the parent\nor parents possessed of sufficient means or able to earn such means to\npay weekly or at other fixed periods a fair and reasonable sum ac…

§ 546. Payment to parent or support collection unit. (a) The court may\nrequire the payment to be made to the parent having custody of the child\nor to the support collection unit as designated by the appropriate\nsocial services district.\n (b) The support collection unit as de…

§ 547. Substitution of trustee. The court, on motion of a party or\notherwise, may at any time for good cause shown substitute another\ntrustee for the one designated and acting.\n

§ 548. Compliance with orders. The provisions of part five and part\nseven of article four of this act apply when an order is issued under\nthis article.\n

§ 548-a. Paternity or child support proceedings; suspension of\ndriving privileges. (a) If the respondent, after receiving appropriate\nnotice, fails to comply with a summons, subpoena or warrant relating to\na paternity or child support proceeding, the court may order the\ndepa…

§ 548-b. Paternity or child support proceedings; suspension of state\nprofessional, occupational and business licenses. (a) If the\nrespondent, after receiving appropriate notice, fails to comply with a\nsummons, subpoena or warrant relating to a paternity or child support\nproc…

§ 548-c. Paternity or child support proceedings; suspension of\nrecreational licenses. If the respondent, after receiving appropriate\nnotice, fails to comply with a summons, subpoena, or warrant relating to\na paternity or child support proceeding, the court may order any agenc…

§ 549. Order of visitation. (a) If an order of filiation is made or if\na paternity agreement or compromise is approved by the court, in the\nabsence of an order of custody or of visitation entered by the supreme\ncourt the family court may make an order of custody or of visitat…

§ 550. Temporary order of protection. (a) Upon the filing of a\npetition or counter-claim under this article, the court for good cause\nshown may issue a temporary order of protection which may contain any of\nthe provisions authorized on the making of an order of protection und…

§ 551. Order of protection. The court may make an order of protection\nin assistance or as a condition of any other order made under this\narticle. The order of protection may set forth reasonable conditions of\nbehavior to be observed for a specified time by the petitioner or\n…

§ 552. Firearms; surrender and license suspension, revocation and\nineligibility. Upon the issuance of an order of protection or temporary\norder of protection, or upon a violation of such order, the court shall\nmake a determination regarding the suspension and revocation of a\…

§ 561. Proceedings to compel support by mother. Proceedings may be\ninitiated under article four of this act to compel a mother who fails to\nsupport her child to do so in accord with the provisions of article four\nof this act.\n

§ 562. Proceedings to compel support by mother and father.\nProceedings to compel a father who does not deny paternity of a child\nand the mother of the child to support the child may be instituted in\naccord with the provisions of article four of this act, unless an\nagreement …

§ 563. Paternity and support proceedings combined; apportionment.\nWhen a proceeding to establish paternity is initiated under this\narticle, the court on its own motion or on motion of any person\nqualified under article four of this act to file a support petition may\ndirect t…

§ 564. Order of filiation in other proceedings. (a) In any proceeding\nin the family court, whether under this act or under any other law, if\nthere is an allegation or statement in a petition that a person is the\nfather of a child who is a party to the proceeding or also is a …

§ 565. A proceeding to challenge testing directive. The court is\nauthorized to hear and decide motions to challenge a directive by the\ndepartment of social services requiring a party to submit to genetic\ntesting, pursuant to section one hundred eleven-k of the social services…

§ 571. Enforcement of support and establishment of paternity. 1. Any\ninconsistent provision of this law or any other law notwithstanding, in\ncases where a social services official has accepted, on behalf of the\nstate and a social services district, an assignment of support ri…

§ 580-101. Short title. This article may be cited as the "uniform\ninterstate family support act" or "UIFSA".\n

§ 580-102. Definitions. In this article:\n (1) "Child" means an individual, whether over or under the age of\nmajority, who is or is alleged to be owed a duty of support by the\nindividual's parent or who is or is alleged to be the beneficiary of a\nsupport order directed to the…

§ 580-103. State tribunal and state support enforcement agencies. (a)\nThe family court is the tribunal of this state.\n (b) The office of temporary and disability assistance and/or a social\nservices district as defined in subdivision seven of section two of the\nsocial service…

§ 580-104. Remedies cumulative. (a) Remedies provided by this article\nare cumulative and do not affect the availability of remedies under\nother law or the recognition of a foreign support order on the basis of\ncomity.\n (b) This article does not:\n (1) provide the exclusive m…

§ 580-105. Application of the article to a resident of a foreign\ncountry and foreign support proceedings. (a) A tribunal of this state\nshall apply parts one through six of this article and, as applicable,\npart seven of this article, to a support proceeding involving:\n (1) a …

§ 580-201. Bases for jurisdiction over nonresident. (a) In a\nproceeding to establish or enforce a support order or to determine\nparentage of a child, a tribunal of this state may exercise personal\njurisdiction over a nonresident individual or the individual's guardian\nor con…

§ 580-202. Duration of personal jurisdiction. Personal jurisdiction\nacquired by a tribunal of this state in a proceeding under this article\nor other law of this state relating to a support order continues as long\nas a tribunal of this state has continuing, exclusive jurisdict…

§ 580-203. Initiating and responding tribunal of state. Under this\narticle, a tribunal of this state may serve as an initiating tribunal to\nforward proceedings to a tribunal of another state, and as a responding\ntribunal for proceedings initiated in another state or a foreign…

§ 580-204. Simultaneous proceedings. (a) A tribunal of this state may\nexercise jurisdiction to establish a support order if the petition or\ncomparable pleading is filed after a pleading is filed in another state\nor a foreign country only if:\n (1) the petition or comparable p…

§ 580-205. Continuing exclusive jurisdiction to modify child support\norder. (a) A tribunal of this state that has issued a child support\norder consistent with the law of this state has and shall exercise\ncontinuing, exclusive jurisdiction to modify its child support order if\…