§ 1085 — Visitation and custody rights unenforceable; murder of parent, custodian, guardian, or child

New York § 1085

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

Text

§ 1085. Visitation and custody rights unenforceable; murder of parent,\ncustodian, guardian, or child. 1. No visitation or custody order shall\nbe enforceable under this part by a person who has been convicted of\nmurder in the first or second degree in this state, or convicted of an\noffense in another jurisdiction which, if committed in this state, would\nconstitute either murder in the first or second degree, of a parent,\nlegal custodian, legal guardian, sibling, half-sibling or step-sibling\nof the child unless:\n (i) (A) such child is of suitable age to signify assent and such child\nassents to such visitation or custody; or\n (B) if such child is not of suitable age to signify assent the child's\ncustodian or legal guardian assents to such order; or\n (C) the person who has been convicted of murder in the first or second\ndegree, or an offense in another jurisdiction which if committed in this\nstate, would constitute either murder in the first or second degree, can\nprove by a preponderance of the evidence that:\n (1) he or she, or a family or household member of either party, was a\nvictim of domestic violence by the victim of such murder; and\n (2) the domestic violence was causally related to the commission of\nsuch murder; and\n (ii) the court finds that such visitation or custody is in the best\ninterest of the child.\n 2. Pending determination of a petition for visitation or custody such\nchild shall not visit and no person shall visit, with such child\npresent, such person, legal guardian or legal custodian who has been\nconvicted of murder in the first or second degree in this state, or an\noffense in another jurisdiction which, if committed in this state, would\nconstitute either murder in the first or second degree, of the other\nparent, legal guardian, legal custodian, sibling, half-sibling or\nstep-sibling of such child, without the consent of such child's\ncustodian or legal guardian.\n 3. Nothing contained in this section shall be construed to require a\ncourt, without petition from any of the interested parties, to review a\npreviously issued order of visitation or custody or denial of such\npetition.\n 4. For the purposes of making a determination pursuant to subparagraph\n(C) of paragraph (i) of subdivision one of this section, the court shall\nnot be bound by the findings of fact, conclusions of law or ultimate\nconclusion as determined by the proceedings leading to the conviction of\nmurder in the first or second degree in this state or of an offense in\nanother jurisdiction which, if committed in this state, would constitute\nmurder in either the first or second degree, of a parent, legal\nguardian, legal custodian, sibling, half-sibling or step-sibling of a\nchild who is the subject of the proceeding. In all proceedings under\nthis section, an attorney shall be appointed for the child.\n