§ 564 — Order of filiation in other proceedings

New York § 564

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: Related Proceedings
• Art. 5: Paternity Proceedings

Text

§ 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 subject\nof the proceeding and if it shall appear that the child is a child born\nout-of-wedlock, the court may make an order of filiation declaring the\npaternity of the child in accordance with the provisions of this\nsection.\n (b) The court may make such an order of filiation if (1) both parents\nare before the court, (2) the father waives both the filing of a\npetition under section five hundred twenty-three of this act and the\nright to a hearing under section five hundred thirty-three of this act,\nand (3) the court is satisfied as to the paternity of the child from the\ntestimony or sworn statements of the parents.\n (c) The court may in any such proceeding in its discretion direct\neither the mother or any other person empowered under section five\nhundred twenty-two of this act to file a verified petition under section\nfive hundred twenty-three of this act.\n (d) The provisions of part four of this article five shall apply to\nany order of filiation made under this section. The court may in its\ndiscretion direct a severance of proceedings upon such order of\nfiliation from the proceeding upon the petition referred to in\nsubdivision (a) of this section.\n (e) For the purposes of this section the term "petition" shall include\na complaint in a civil action, an accusatory instrument under the\ncriminal procedure law, a writ of habeas corpus, a petition for\nsupplemental relief, and any amendment in writing of any of the\nforegoing.\n