§ 1082 — Approval, modification or denial of visitation rights

New York § 1082

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 8: Visitation of Minors In Foster Care
• Art. 10: Child Protective Proceedings

Text

§ 1082. Approval, modification or denial of visitation rights. 1. (a)\nUpon receipt of a petition pursuant to subdivision four of section one\nthousand eighty-one of this part, the local department of social\nservices shall make inquiry of the state central register of child abuse\nand maltreatment to determine whether or not the petitioner is a subject\nof an indicated report of child abuse or maltreatment, as such terms are\ndefined in section four hundred twelve of the social services law, and\nshall further ascertain whether or not the petitioner is a respondent in\na proceeding under this article whereby the child with whom visitation\nis sought has been allegedly abused or neglected or has been adjudicated\nas an abused or neglected child.\n (b) The department, the child's attorney and the respondent in a\nproceeding under this article, shall have the right to be heard with\nrespect to a petition for an order to enforce visitation rights under\nthis part.\n 2. Where the local department of social services or the child's\nattorney opposes a petition described in section one thousand eighty-one\nof this part, the department or the child's attorney as appropriate\nshall serve and file an answer to the petition. The court shall, upon\nthe filing of such answer, set a date for a hearing on such petition and\nshall notify the parents, grandparent or grandparents, the department\nand the child's attorney of such hearing date.\n 3. Whenever a hearing described in subdivision two of this section is\nto be held within ten court days of a dispositional hearing authorized\nunder this article, the court may in its discretion hear such petition\nas part of such dispositional hearing.\n 4. In any hearing under this section, the court shall approve such\npetition unless the court finds upon competent, relevant and material\nevidence that enforcement of visitation rights as described in the\norder, judgment or agreement would endanger the child's life or health.\nUpon such a finding, the court shall make an order denying such petition\nor make such other order affecting enforcement of visitation rights as\nthe court deems to be in the best interests of the child.\n 5. (a) Where a petition is approved pursuant to this section the\nparties may agree in writing to an alternative schedule of visitation\nequivalent to and consistent with the original or modified visitation\norder or agreement where such alternative schedule reflects changed\ncircumstances of the parties and is consistent with the best interests\nof the child.\n (b) In the absence of such an agreement between the parties, the court\nmay, in its discretion, order an alternative schedule of visitation as\ndefined herein, where it determines that such schedule is necessary to\nfacilitate visitation and to protect the best interests of the child.\n