Legal Opinion

Department of Social Services v. Witzel

New York Family Court

Decided August 10, 1977PublishedCited by 3 opinions

1Opinion of the CourtHoward Miller, J.

This is a paternity proceeding in which *275the respondent has made a motion to have counsel assigned to him because of his inability to pay for an attorney.

Section 262 of the Family Court Act does not specifically provide for assigned counsel in paternity cases. The Family Court Act provides that where a petitioner in a paternity proceeding is a public welfare officer he is to be represented by the County Attorney where the mother is a recipient of public assistance (Family Ct Act, § 535). It further provides that the mother in a paternity proceeding is entitled to retain counsel and to claim…

2Cases cited5 opinions

  1. Reed v. ReedSupreme Court of the United States · 1971
  2. Frontiero v. RichardsonSupreme Court of the United States · 1973
  3. Weinberger v. WiesenfeldSupreme Court of the United States · 1975
  4. Thaler v. ThalerNew York Supreme Court · 1977
  5. Bauer v. BauerAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by3 opinions

  1. B______ v. B______Missouri Court of Appeals · 1984
  2. B v. BMissouri Court of Appeals · 1984
  3. Felix O. v. Janette M.New York Family Court · 2008

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