Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 564
Order of filiation in other proceedings
Family Court Act (FCT) CHAPTER 686, ARTICLE 5, PART 5
§ 564. Order of filiation in other proceedings. (a) In any proceeding
in the family court, whether under this act or under any other law, if
there is an allegation or statement in a petition that a person is the
father of a child who is a party to the proceeding or also is a subject
of the proceeding and if it shall appear that the child is a child born
out-of-wedlock, the court may make an order of filiation declaring the
paternity of the child in accordance with the provisions of this
section.

(b) The court may make such an order of filiation if (1) both parents
are before the court, (2) the father waives both the filing of a
petition under section five hundred twenty-three of this act and the
right to a hearing under section five hundred thirty-three of this act,
and (3) the court is satisfied as to the paternity of the child from the
testimony or sworn statements of the parents.

(c) The court may in any such proceeding in its discretion direct
either the mother or any other person empowered under section five
hundred twenty-two of this act to file a verified petition under section
five hundred twenty-three of this act.

(d) The provisions of part four of this article five shall apply to
any order of filiation made under this section. The court may in its
discretion direct a severance of proceedings upon such order of
filiation from the proceeding upon the petition referred to in
subdivision (a) of this section.

(e) For the purposes of this section the term "petition" shall include
a complaint in a civil action, an accusatory instrument under the
criminal procedure law, a writ of habeas corpus, a petition for
supplemental relief, and any amendment in writing of any of the
foregoing.