New York State Law

Family Court Law

Consolidated Laws of NY's FCA code

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Part 8 - Article 10 - Family Court

VISITATION OF MINORS IN FOSTER CARE

  S 1081. Visitation  rights. 1. A non-custodial parent or grandparent
  shall have the visitation rights with a child remanded or placed in  the
  care of a social services official pursuant to this article as conferred
  by  order of the family court or by any order or judgment of the supreme
  court, or by written agreement  between  the  parents  as  described  in
  section two hundred thirty-six of the domestic relations law, subject to
  the provisions of section one thousand eighty-two of this part.
    2.  A non-custodial parent or any grandparent or grandparents who have
  not been afforded the visitation rights described in subdivision one  of
  this section, shall have the right to petition the court for enforcement
  of  visitation  rights  with a child remanded or placed in the care of a
  social services official pursuant to this article,  as  such  visitation
  rights  have been conferred by order of the family court or by any order
  or judgment of the supreme court, or by written  agreement  between  the
  parents  as  described in section two hundred thirty-six of the domestic
  relations law.
    3. (a) The petition by a non-custodial parent shall allege  that  such
  parent  has  visitation rights conferred by order of the family court or
  by any order or judgment of the supreme court or  by  written  agreement
  between  the  parents  as described in section two hundred thirty-six of
  the domestic relations law, shall have a copy of such order, judgment or
  agreement attached thereto, shall request  enforcement  of  such  rights
  pursuant  to  this  part, and shall state, when known by the petitioner,
  that visitation rights with the child by any grandparent or grandparents
  have been conferred by order  of  the  supreme  court  or  family  court
  pursuant  to  section  seventy-two  or two hundred forty of the domestic
  relations  law,  and  shall  provide  the  name  and  address  of   such
  grandparent or grandparents.
    (b) A petition by a grandparent or grandparents shall allege that such
  grandparent or grandparents have been granted visitation rights with the
  child  pursuant  to  section  seventy-two  or  two  hundred forty of the
  domestic relations law,  or  subdivision  (b)  of  section  six  hundred
  fifty-one  of  this  act,  shall  have  a copy of such order or judgment
  attached thereto, and shall request enforcement of such rights  pursuant
  to this part.
    4.  The  petition  shall be served upon the respondent in a proceeding
  under this article, the local social services official having  the  care
  of  the  child, any grandparent or grandparents named in the petition as
  having visitation rights conferred by court order  pursuant  to  section
  seventy-two or two hundred forty of the domestic relations law, and upon
  the child's attorney. The petition shall be served in such manner as the
  court may direct.
    5.  Upon  receipt  of  such  petition  the court shall, subject to the
  provisions of section one thousand eighty-two of this part, require that
  any order of a family court or order or judgment of the  supreme  court,
  or  any agreement between the parents as described in subdivision one of
  this section, granting visitation rights to  the  non-custodial  parent,
  grandparent or grandparents, be incorporated in any preliminary order or
  order  of  placement  made  under  this  article to the extent that such
  order, judgment or agreement confers  visitation  rights.  In  any  case
  where  a  dispositional  hearing  has  not been held or will not be held
  within thirty days of the filing of such petition the court shall  order
  the  person,  official,  agency  or  institution  caring  for  the child
  pursuant to this article to comply with such part of the order, judgment
  or agreement granting visitation rights. Violation of such  order  shall
  be  punishable  pursuant  to  section  seven  hundred fifty-three of the
  judiciary law.

  S 1082. Approval, modification or denial of visitation rights. 1.  (a)
  Upon  receipt  of a petition pursuant to subdivision four of section one
  thousand eighty-one  of  this  part,  the  local  department  of  social
  services shall make inquiry of the state central register of child abuse
  and maltreatment to determine whether or not the petitioner is a subject
  of an indicated report of child abuse or maltreatment, as such terms are
  defined  in  section four hundred twelve of the social services law, and
  shall further ascertain whether or not the petitioner is a respondent in
  a proceeding under this article whereby the child with  whom  visitation
  is sought has been allegedly abused or neglected or has been adjudicated
  as an abused or neglected child.
    (b)  The  department,  the  child's  attorney  and the respondent in a
  proceeding under this article, shall have the right  to  be  heard  with
  respect  to  a  petition for an order to enforce visitation rights under
  this part.
    2. Where the local  department  of  social  services  or  the  child's
  attorney opposes a petition described in section one thousand eighty-one
  of  this  part,  the  department  or the child's attorney as appropriate
  shall serve and file an answer to the petition. The  court  shall,  upon
  the filing of such answer, set a date for a hearing on such petition and
  shall  notify  the  parents, grandparent or grandparents, the department
  and the child's attorney of such hearing date.
    3. Whenever a hearing described in subdivision two of this section  is
  to  be  held within ten court days of a dispositional hearing authorized
  under this article, the court may in its discretion hear  such  petition
  as part of such dispositional hearing.
    4.  In  any  hearing  under this section, the court shall approve such
  petition unless the court finds upon competent,  relevant  and  material
  evidence  that  enforcement  of  visitation  rights  as described in the
  order, judgment or agreement would endanger the child's life or  health.
  Upon such a finding, the court shall make an order denying such petition
  or  make  such other order affecting enforcement of visitation rights as
  the court deems to be in the best interests of the child.
    5. (a) Where a petition is  approved  pursuant  to  this  section  the
  parties  may  agree  in writing to an alternative schedule of visitation
  equivalent to and consistent with the original  or  modified  visitation
  order  or  agreement  where  such  alternative schedule reflects changed
  circumstances of the parties and is consistent with the  best  interests
  of the child.
    (b) In the absence of such an agreement between the parties, the court
  may,  in  its discretion, order an alternative schedule of visitation as
  defined herein, where it determines that such schedule is  necessary  to
  facilitate visitation and to protect the best interests of the child.

  S 1083. Duration  of orders affecting visitation rights. 1. Where an
  order of the court has been made incorporating  an  order,  judgment  or
  agreement  conferring  visitation rights with a child on a non-custodial
  parent or grandparent into a dispositional order under this article,  or
  where  the  court  otherwise  orders  compliance  by a person, official,
  agency or institution caring for the child, with an order,  judgment  or
  agreement  granting visitation rights, such order shall remain in effect
  for the length of time the child remains in such care pursuant  to  this
  article,  unless  such  order  is subsequently modified by the court for
  good cause shown.
    2.  Where  the  court  makes  an  order  denying  a  petition  seeking
  enforcement  of visitation rights or makes an order modifying visitation
  rights, pursuant to the provisions of section one thousand eighty-two of
  this part, such order shall remain in effect for the length of time  the
  child  is  placed  with a person, official, agency or institution caring
  for  the  child  pursuant  to  this  article,  unless  such   order   is
  subsequently modified by the court for good cause shown.

  S 1084. Out-of-wedlock children; paternity. No visitation right shall
  be enforceable under this part concerning any person claiming  to  be  a
  parent  of  an  out-of-wedlock  child  without  an  adjudication  of the
  paternity of such person  by  a  court  of  competent  jurisdiction,  or
  without  an  acknowledgement  of  the  paternity of such person executed
  pursuant to applicable provisions of law.

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

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