What is the burden of proof in a paternity proceeding?

"New York", United States of America

The following excerpt is from Tree v. Ralston, 309 N.Y.S.2d 229, 62 Misc.2d 582 (N.Y. City Ct. 1970):

In Martin v. Lane, 57 Misc.2d 4, 291 N.Y.S.2d 135, the court held that in a paternity proceeding, evidence required to sustain order of filiation should be entirely satisfactory, and burden of proof of mother must go beyond mere preponderance of evidence, and such evidence must be so clear and convincing as to reach the point of entire satisfaction.

An accusation of paternity requires proof of entirely satisfactory evidence sufficient to create a genuine belief in mind of trier of facts that respondent, and no one else, is father of the child in question (Tilson v. Bark, 52 Misc.2d 338, 275 N.Y.S.2d 600).

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