Filiation Proceeding

• Filiation Proceeding

A process whereby a court determines the PATERNITY of an ...

• West's Encyclopedia of American Law
• Dou–Fre

• Order of Filiation and Support Upheld by Appellate Division, Fourth Department

Where the petitioner sought to vacate an order of filiation and support entered in 1994 based on alleged newly discovered evidence disputing paternity, the evidence was not sufficient to indicate there would have been a different result in the filiation proceeding. Reviewing the July 21, 2003 decision of Monroe County Family Court Judge Gail A. Donofrio in Matter of Mark D. v. Marion M., the Appellate Division, Fourth Department unanimously affirmed the order dismissing the proceeding to vacate an acknowledgment of paternity and order of filiation and support.

• Daily Record (Rochester, NY)
• November 29, 2004

• Lehr v. Robertson, 463 U.S. 248 (1983)

... entitled him to notice of the adoption proceeding, and was not in any of the classes of putative fat... fathers such as Lehr who have initiated filiation proceedings, even though their identity and intere...

• U.S. Supreme Court

• Illegitimate Children and Military Benefits

... a paternity suit or even institute the proceeding himself 4b . In a 1979 case, Califano c an unwed m... a soldier to initiate a formal filiation proceeding m a state court may be too expensne an ...

• Military Law Review
• Nbr. 132, April 1991

• Helen Blanchard, as Executrix Of, and Trustee Under, the Last Will and Testament of Waldo Deloache, Deceased, Plaintiff-Counter-Defendant-Appellee, v. Deloache-Powers, a Minor Colorado Resident, Et Al., Defendants, Helen Blanchard, a Georgia Resident, as Custodian of the Interests of John Michel Whitehead Deloache-Powers and Russell Whitehead Deloache-Powers Under the Last Will and Testament of Waldo Deloache, Defendant-Cross-Claim-Defendant-Appellee, Lamar Cole, District Attorney for the Southern Circuit, State of Georgia, Et Al., Defendant-Cross-Claimant-Counter-Claimant, Mary Sue Graetz, a Georgia Resident, Hazel Polk, a Tennessee Resident, Marion Copeland, a Florida Resident, Joseph Marcus Hughes, Iii, a Georgia Resident, Executor Of, and Individually as Legatee Under the Will of Olivia Dubberly Hughes, Libbie Hughes Kurinec, a Georgia Resident, James Dubberly, a Mississippi Resident, as Executor of and Individually as Legatee Under the Will of Mary S. Dubberly, John S. Hubbard, a Georgia Resident, ..., 286 F.3d 1281 (11th Cir. 2002)

..., we REVERSE and REMAND for further proceedings consistent with this opinion, AFFIRM the decision ...The New York judgment was not a filiation proceeding. It was an estoppel order that prohibit...

• Federal Circuits

• The Often Illusory Protections of 'Biology Plus:' On the Supreme Court's Parental Rights Jurisprudence

Family and Parental Rights The Court has long recognized the importance of family and the robust nature of parental rights.2 The Court explained in Meyer v. Nebraska that the Constitution protects the right of the individual to marry, establish a home and bring up children,3 and in Prince v. Massachusetts that the custody, care and nurture of the child reside first in the parents. At issue in Rivera v. Minnich was the standard of proof required to establish paternity.11 Pennsylvania had imposed a preponderance of the evidence standard in paternity cases.12 The law was challenged on the ground that a clear and convincing standard should instead have been used.13 The Court rejected the challenge, denying an equivalence between the State's imposition of the legal obligations accompanyi...

... is at stake for a defendant in such a proceeding is.. the imposition of a lifelong relationship wit...The Family Court was aware of Lehr's filiation proceeding.178 However, according to New York law,...

• Texas Journal on Civil Liberties & Civil Rights
• Vol. 13 Nbr. 1, October 2007

• Lalli v. Lalli, 439 U.S. 259 (1978)

... of the father, made an order of filiation declaring paternity in a proceeding instituted dur...

• U.S. Supreme Court

• Mark D. vs. In the Matter of Shondel J., No. 46 (N.Y. 2006)

...In this child support proceeding, we hold that a man who has mistakenly represented... is the father and seeking orders of filiation and support. Initially, Mark did not contest pater...

• New York Court of Appeals

• United States of America, Appellee, v. Autumn Jackson, Boris Sabas, Also Known as Boris Shmulevich, and Jose Medina, Also Known as Yosi Medina, Defendants-Appellants., 196 F.3d 383 (2nd Cir. 1999)

... such an action resulted in an order of filiation, (2) the right to seek millions of dollars in back...Fam. Ct. Act 517 (McKinney 1999) ("proceedings to establish the paternity of a child . . . shall ...

• Federal Circuits

• The Changing Concept of Family and its Effect on Louisiana Succession Law

... by the decedent or could prove filiation in a timely manner. 45 . Pursuant to what some vie... of the evidence in a civil proceeding instituted by the child or an his behalf within th...

• Louisiana Law Review
• Nbr. 63-4, July 2003