New York Law (NYLE) Practice Exam

Which of the following entities cannot file an action to establish paternity in Family Court?

1. The mother of the child.

2. The child itself.

3. The social services agency on behalf of the child.

4. The social services agency on behalf of the father.

The correct answer is: The social services agency on behalf of the father.

The ability to file an action to establish paternity in Family Court is generally reserved for specific parties who have a direct interest in the matter. In this case, the social services agency can file actions to establish paternity on behalf of the mother or the child, as they have a clear interest in ensuring that paternity is legally recognized for purposes of support or care. When it comes to filing on behalf of the father, this can be problematic because the father may have a vested interest in asserting his rights regarding paternity rather than having an agency file on his behalf. Paternity actions typically allow for the mother, the child, or authorized entities (like social services) to initiate the process where there is potential for a claim regarding child support or custody, but not for actions that could impinge on the rights of the father without his direct involvement. Therefore, a social services agency filing on behalf of the father does not align with the established roles and responsibilities in paternity actions under New York law, making this option the one that cannot file in Family Court.