NY Paternity Petition PDF Details

The NCFC 5-1 Form serves a pivotal role within the Family Court of the State of New York, specifically in matters concerning paternity proceedings. This document is primarily utilized by individuals seeking to establish paternity for a child, whether they are the birth mother, the presumed father, or an individual who believes they may be the father. Its comprehensive structure requires detailed personal information, ensuring that all parties involved are properly identified, which is crucial for the resolution of paternity disputes. Notably, the form outlines various scenarios under which one might file a paternity petition, including requests for genetic testing to unequivocally determine paternity. Additionally, it addresses the implications of paternity determination on child support services, emphasizing the court's ability to issue an order of support subsequent to establishing paternity. Furthermore, the form mentions the potential adjustment of child support orders based on the cost of living or changes in family assistance status, underscoring the court’s ongoing jurisdiction over these matters. The inclusion of a verification section attests to the truthfulness of the information provided, reflecting the legal seriousness and implications of filing such a petition. It is designed to protect the rights and welfare of the child in question, ensuring they receive the support and recognition of parentage they are entitled to under New York law.

QuestionAnswer
Form NameNew York Paternity Petition
Form Length4 pages
Fillable?Yes
Fillable fields49
Avg. time to fill out10 min 52 sec
Other namesform 5 1, Respondents, alleges, NCFC

Form Preview Example

1

F. C. A. §§ 522, 523

Form 5-1

S.S.L. §111-g

(Paternity Petition- Individual)

[NOTE: Personal Information Form 4-5/5-1-d,

2/2021

containing social security numbers of parties and

 

dependents, must be filed with this Petition]

 

FAMILY COURT OF THE STATE OF NEW YORK

 

COUNTY OF

 

............................................................................................

 

In the Matter of a Paternity Proceeding

Docket No.

Petitioner,

PATERNITY

 

PETITION

-against-

(Individual)

Respondent

 

.............................................................................................

 

TO THE FAMILY COURT:

 

The undersigned Petitioner respectfully alleges that:

 

1.[check applicable box(es)]:

I am the [check one]: □ birth mother of □ pregnant with the child who is the subject of this petition and am submitting this petition to request an order declaring Respondent to be the father of the child.

I am the father of the child who is the subject of this petition and am submitting this petition to request an order declaring me to be the father of the child.

Upon information and belief, I may be the father of the above-named child and am submitting this petition to request an order determining the paternity of the child.

2.a. I reside at [specify]:1

.

b.Respondent resides at [specify]:2

.

3.I had sexual intercourse with the above-named Respondent during a period of time beginning

on or about the

day of

,

, and ending on or about the

day of

,

.

 

 

 

 

1Unless ordered confidential pursuant to Family Court Act § 154-b because disclosure would pose an unreasonable risk to the health or safety of the petitioner: see forms GF-21 and 21a, available at www.nycourts.gov.

2Unless ordered confidential pursuant to Family Court Act § 154-b, because disclosure would pose an unreasonable risk to the health or safety of the respondent: see forms GF-21 and 21a, available at www.courts.gov.

, whose last known address is [specify]:
.

2

4. [Check applicable box]:

a. □ I OR □ Respondent gave birth to [specify name of child]:, a □ male □ female child out of wedlock on [specify date]:

b. □ I OR □ Respondent is now pregnant with a child who is likely to be born out of wedlock.

5.[Check box, if applicable; if not, SKIP to ¶6]: □ I am requesting an order for genetic testing to determine the paternity of the child.

6.Upon information and belief, at the time of conception of the child, the mother

was not married.

□ was married to [specify]:

7. [Check applicable box(es), if any; if not, SKIP to ¶8]:

□ I have acknowledged parentage: □ in writing □ by furnishing support.

□ Respondent acknowledged parentage: □ in writing □ by furnishing support.

8.Upon information and belief, no individual has been adjudicated father of this child, either in this court, or any other court, including a Native-American court; and no individual has signed an Acknowledgment of Parentage admitting paternity for this child, (except) [specify]:

9.I am hereby applying for child support services from the Support Collection Unit (the IV-D program pursuant to Title 6-A of the Social Services Law) through the filing of this Petition, unless [Check a box only if applicable]:

I have already applied for child support services from the Support Collection Unit (the IV-D program pursuant to Title 6-A of the Social Services Law)

I do not need to apply now because I have continued to receive child support services after the public assistance or care case, or foster care case, for my family has closed.

I do not wish to apply for child support services.

I am not eligible to apply for child support services because I am petitioning for spousal support only.

10.Pursuant to F.C.A §§ 545, upon the entry of an Order of Filiation, the Court shall, upon application of either party, enter an order of support for the subject child.

11. Upon information and belief, the subject child □is □ is not a Native American child who may be subject to the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901-1963).

12.No previous application has been made to any court or judge for the relief herein requested (except [specify]:

3

WHEREFORE, I am requesting that this Court issue a summons or 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.

NOTE: (1) A COURT ORDER OF SUPPORT RESULTING FROM A PROCEEDING COMMENCED BY THIS APPLICATION (PETITION) SHALL BE ADJUSTED BY THE APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. SUCH COST OF LIVING ADJUSTMENT SHALL BE ON NOTICE TO BOTH PARTIES WHO, IF THEY OBJECT TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THE RIGHT TO BE HEARD BY THE COURT AND TO PRESENT EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTING THE CHILD SUPPORT ORDER IN ACCORDANCE WITH SECTION FOUR HUNDRED THIRTEEN OF THE FAMILY COURT ACT, KNOWN AS THE CHILD SUPPORT STANDARDS ACT.

(2)A PARTY SEEKING SUPPORT FOR ANY CHILD(REN) RECEIVING FAMILY ASSISTANCE SHALL HAVE A CHILD SUPPORT ORDER REVIEWED AND ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED BY THE SUPPORT COLLECTION UNIT, WITHOUT FURTHER APPLICATION BY ANY PARTY. ALL PARTIES WILL RECEIVE A COPY OF THE ADJUSTED ORDER.

(3)WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON ANY

CHANGE, THE SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS, AS REQUIRED BY SECTION FOUR HUNDRED FORTY-THREE OF THE FAMILY COURT ACT, TO WHICH AN ADJUSTED ORDER CAN BE SENT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THE ADJUSTED ORDER, REGARDLESS OF WHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.

____________________________________________

Petitioner

____________________________________________

Print or type name

_____________________________________________

Signature of Attorney, if any

4

_____________________________________________

Attorney’s Name (Print or Type)

_____________________________________________

_____________________________________________

_____________________________________________

Attorney’s Address and Telephone Number

Dated: , .

 

VERIFICATION

STATE OF NEW YORK

)

 

): ss.:

COUNTY OF

)

________________________being duly sworn, says that (s)he is the Petitioner in the

above-entitled proceeding and that the foregoing petition is true to (his)(her) own knowledge, except as to matters herein stated to be alleged on information and belief and as to those matters (s)he believes it to be true.

 

 

 

_

 

 

Petitioner

Sworn to before me this

 

 

 

day of

, .

 

 

(Deputy) Clerk of the Court

Notary Public

How to Edit New York Paternity Petition Online for Free

It shouldn’t be hard to fill out 111-g working with our PDF editor. This is how you will be able conveniently develop your document.

Step 1: On the following page, hit the orange "Get form now" button.

Step 2: At this point, you can start editing the 111-g. Our multifunctional toolbar is readily available - add, remove, modify, highlight, and do various other commands with the content in the form.

The following parts are what you are going to complete to get your prepared PDF file.

part 1 to writing childs

You have to note the appropriate details in the I am the check one birth mother, a I reside at specify, b Respondent resides at specify, I had sexual intercourse with the, on or about the day of, and ending on or about the day of, Unless ordered confidential, unreasonable risk to the health or, Unless ordered confidential, and unreasonable risk to the health or field.

Entering details in childs step 2

Determine the valuable details in the Check applicable box, a I OR Respondent gave birth to, a male female child out of, b I OR Respondent is now, Check box if applicable if not, to determine the paternity of the, Upon information and belief at, was not married was married to, whose last known address is, Check applicable boxes if any if, I have acknowledged parentage in, Upon information and belief no, and this court or any other court field.

childs Check applicable box, a  I OR  Respondent gave birth to, a  male  female child out of, b  I OR  Respondent is now, Check box if applicable if not, to determine the paternity of the, Upon information and belief at, was not married  was married to, whose last known address is, Check applicable boxes if any if, I have acknowledged parentage  in, Upon information and belief no, and this court or any other court blanks to fill out

You have to list the rights and responsibilities of the parties inside the this court or any other court, I am hereby applying for child, program pursuant to Title A of the, I have already applied for child, Pursuant to FCA upon the entry, application of either party enter, Upon information and belief the, may be subject to the Indian Child, No previous application has been, and except specify space.

Completing childs step 4

End by reviewing the following fields and filling them out as needed: WHERE ANY PARTY FAILS TO PROVIDE, Petitioner Print or type name, and Signature of Attorney if any.

stage 5 to completing childs

Step 3: Click the "Done" button. Now it's easy to upload the PDF document to your gadget. Besides, you'll be able to deliver it by electronic mail.

Step 4: In order to prevent probable forthcoming issues, please be sure to have up to two duplicates of every single document.