What is the burden of proof in a paternity action?
The following excerpt is from Kozak v. McCormack, 162 Misc.2d 101, 616 N.Y.S.2d 453 (N.Y. Fam. Ct. 1994):
The petitioner's burden of proof is a heavy one, i.e., clear [162 Misc.2d 103] and convincing evidence, evidence which is entirely satisfactory and creates a genuine belief that respondent is the father of the child. Matter of Lopez v. Sanchez, 34 N.Y.2d 662, 355 N.Y.S.2d 581, 311 N.E.2d 652. Indeed, properly so since a finding of paternity obligates a putative father to substantial legal, financial and emotional responsibilities for an extended period of time.
Therefore the respondent should be afforded full due process, including the right of confrontation.
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