- Consolidated Laws - Family Court
PART 2
VENUE AND PRELIMINARY PROCEDURE
Section 521. Venue.
522. Persons who may originate proceedings.
523. Petition.
524. Issuance of summons.
525. Service of summons.
526. Issuance of warrant.
527. Preliminary procedure on warrant.
528. Procedure before court.
S 521. Venue. Proceedings to establish paternity may be originated in
the county where the mother or child resides or is found or in the
county where the putative father resides or is found. The fact that the
child was born outside of the state of New York does not bar a
proceeding to establish paternity in the county where the putative
father resides or is found or in the county where the mother resides or
the child is found.
S 522. Persons who may originate proceedings. Proceedings to establish
the paternity of the child and to compel support under this article may
be commenced by the mother, whether a minor or not, by a person alleging
to be the father, whether a minor or not, by the child or child`s
guardian or other person standing in a parental relation or being the
next of kin of the child, or by any authorized representative of an
incorporated society doing charitable or philanthropic work, or if the
mother or child is or is likely to become a public charge on a county,
city or town, by a public welfare official of the county, city or town
where the mother resides or the child is found. If a proceeding is
originated by a public welfare official and thereafter withdrawn or
dismissed without consideration on the merits, such withdrawal or
dismissal shall be without prejudice to other persons.
S 523. Petition. Proceedings are commenced by the filing of a verified
petition, alleging that the person named as respondent, or the
petitioner if the petitioner is a person alleging to be the child`s
father, is the father of the child and petitioning the court to issue a
summons or a warrant, requiring the respondent to show cause why the
court should not enter a declaration of paternity, an order of support,
and such other and further relief as may be appropriate under the
circumstances. The petition shall be in writing and verified by the
petitioner. Any such petition for the establishment of paternity or the
establishment, modification and/or enforcement of a child support
obligation for persons not in receipt of family assistance, which
contains a request for child support enforcement services completed in a
manner as specified in section one hundred eleven-g of the social
services law, shall constitute an application for such services.
S 524. Issuance of summons. (a) On receiving a petition sufficient in
law commencing a paternity proceeding, the court shall cause a summons
to be issued, requiring the respondent to show cause why the declaration
of paternity, order of filiation, order of support and other and further
relief prayed for by the petition should not be made.
(b) The summons shall contain or have attached thereto a notice
stating: (i) that the respondent`s failure to appear shall result in the
default entry of an order of filiation by the court upon proof of
respondent`s actual notice of the commencement of the proceeding; and
(ii) that a respondent`s failure to appear may result in the suspension
of his or her driving privileges; state professional, occupational and
business licenses; and sporting licenses and permits.
S 525. Service of summons. (a) Personal service of summons and
petition shall be made by delivery of a true copy thereof to the person
to be summoned at least eight days before the time stated therein for
appearance; or by delivery of a true copy thereof to a person of
suitable age and discretion at the actual place of business, dwelling
place or usual place of abode of the person to be served and by mailing
a true copy thereof to the person to be served at his last known
residence at least eight days before the time stated in the summons for
appearance; proof of service shall identify such person of suitable age
and discretion and state the date, time and place of service. If so
requested by one acting on behalf of the respondent or by a parent or
other person legally responsible for his care, the court shall not
proceed with the hearing or proceeding earlier than eight days after
such service.
(b) If after reasonable effort, personal service is not made, the
court may at any stage in the proceedings make an order providing for
substituted service in the manner provided for substituted service in
the civil practice law and rules.
(c) In any case, whether or not service is attempted under subdivision
(a) or (b) of this section, service of a summons and petition under this
section may be effected by mail alone to the last known address of the
person to be served. Service by mail alone shall be made at least eight
days before the time stated in the summons for appearance. If service is
by mail alone, the court will enter an order of filiation by default if
there is proof satisfactory to the court that the respondent had actual
notice of the commencement of the proceeding, which may be established
upon sufficient proof that the summons and petition were in fact mailed
by certified mail and signed for at the respondent`s correct street
address or signed for at the post office. If service by certified mail
at the respondent`s correct street address cannot be accomplished,
service pursuant to subdivision one, two, three or four of section three
hundred eight of the civil practice law and rules shall be deemed good
and sufficient service. Upon failure of the respondent to obey a summons
served in accordance with the provisions of this section by means other
than mail alone, the court will enter an order of filiation by default.
The respondent shall have the right to make a motion for relief from
such default order within one year from the date such order was entered.
S 526. Issuance of warrant. The court may issue a warrant, directing
that the respondent be arrested and brought before the court, when a
petition is presented to the court under section five hundred
twenty-three and it appears that
(a) the summons cannot be served; or
(b) the respondent has failed to obey the summons; or
(c) the respondent is likely to leave the jurisdiction; or
(d) a summons, in the court`s opinion, would be ineffectual; or
(e) the safety of the petitioner is endangered; or
(f) a respondent on bail or on parole has failed to appear.
S 527. Preliminary procedure on warrant. (a) When a respondent is
taken into custody pursuant to a warrant issued by a family court in a
county in New York city under section five hundred twenty-six, he or she
shall be taken before the court issuing the warrant if the respondent is
taken into custody in New York city. If the respondent is taken into
custody in a county not within New York city, he or she shall be taken
before a family court judge in that county.
(b) When a respondent is taken into custody pursuant to a warrant
issued by a family court in a county not within the city of New York, he
or she shall be taken before the court issuing the warrant if the
respondent is taken into custody in the county in which the court sits.
If the respondent is taken into custody in a different county, he or she
shall be brought before a family court judge in that county.
S 528. Procedure before court. The court before whom the respondent is
taken under section five hundred twenty-seven may require an undertaking
to appear or in default thereof may place the respondent in custody.
